Abstract

http://ssrn.com/abstract=2398985
 


 



The Courts and Public Health: Caught in a Pincer Movement


Peter D. Jacobson


University of Michigan School of Public Health

Wendy E. Parmet


Northeastern University - School of Law

March 2014

American Journal of Public Health, March 2014, Vol. 104, No. 3, pp. 392-397
Northeastern University School of Law Research Paper No. 175-2014

Abstract:     
Public health practitioners are familiar with the general outlines of legal authority and with judicial standards for reviewing public health regulations. What may not be as familiar are three emerging judicial doctrines that pose considerable risks to public health initiatives.

We explain the contentious series of judicial rulings that now place health departments’ broad grant of authority in jeopardy. One doctrine invokes the First Amendment to limit regulatory authority. The second involves the Supreme Court’s reinterpretation of federalism to limit both federal and state public health interventions. The third redefines the standard of evidence required to support regulations.

Together, these judicial trends create a pincer movement that places substantial new burdens on the ability of health departments to protect health.

Accepted Paper Series


Not Available For Download

Date posted: February 22, 2014  

Suggested Citation

Jacobson, Peter D. and Parmet, Wendy E., The Courts and Public Health: Caught in a Pincer Movement (March 2014). American Journal of Public Health, March 2014, Vol. 104, No. 3, pp. 392-397; Northeastern University School of Law Research Paper No. 175-2014. Available at SSRN: http://ssrn.com/abstract=2398985

Contact Information

Peter D. Jacobson (Contact Author)
University of Michigan School of Public Health ( email )
109 Observatory
Ann Arbor, MI 48109-2029
United States
734-936-0928 (Phone)
734-764-4338 (Fax)
HOME PAGE: http://www.sph.umich.edu/~pdj/
Wendy E. Parmet
Northeastern University - School of Law ( email )
400 Huntington Ave.
Boston, MA 02115
United States
(617) 373-2019 (Phone)
(617) 373-5056 (Fax)
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