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Emergency Legal Preparedness and Response: United States Supreme Court Impacts
James G Hodge1, Jennifer L Piatt1
1James G. Hodge, Jr, JD, LLM, is the Peter Kiewit Foundation Professor of Law and Co-Director, and Jennifer L. Piatt, JD, is a Research Scholar and Co-Director; both at the Center for Public Health Law and Policy, Sandra Day O'Connor College of Law, Arizona State University, Phoenix, AZ.
Abstract:
US Supreme Court opinions from the inception of the COVID-19 pandemic to date are reshaping national and subnational abilities to respond to public health emergencies. Substantial impacts in emergency legal preparedness and response arise in multiple legal areas including: (1) federal executive authorities; (2) access to health services and emergency care; (3) public health emergency interventions and mandates; (4) race-based limitations in resource allocations; (5) misinformation; and (6) scope of liability during and after emergencies. Against this backdrop an array of legal options and critical takeaways may help mitigate the impacts of US Supreme Court opinions and advance effective emergency responses ahead.
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