Legal Interventions to Counter COVID-19 Denialism

Abstract

A series of denialist state laws thwart efficacious public health emergency response efforts despite escalating impacts of the spread of the Delta variant during the COVID-19 pandemic. However, public and private actors are fighting back to obstruct or reverse anti-public health maneuvers through legal challenges focused on (1) constitutional structural- and rights-based challenges; (2) use of conditional spending requirements; (3) federal preemption; (4) disability and other anti-discrimination laws; (5) waivers or routine uses of public health powers; and (6) civil liability claims.

Keywords: COVID-19, denialism, laws, policies, federal, state, local, challenges, constitution, preemption, liability, conditional spending, masks, schools, prohibitions, emergency, public health, powers, waiver, discrimination, disability, protections