Legal Interventions to Counter COVID-19 Denialism

Hodge JG, Piatt JL, Barraza L, Legal interventions to counter COVID-19 denialism, Journal of Law, Medicine & Ethics (Forthcoming)

8 Pages Posted: 26 Aug 2021

See all articles by James G. Hodge

James G. Hodge

Arizona State University (ASU) - Sandra Day O'Connor College of Law

Jennifer L. Piatt

Arizona State University (ASU) - Sandra Day O'Connor College of Law

Leila Barraza

University of Arizona - Mel and Enid Zuckerman College of Public Health; Network for Public Health Law

Date Written: August 25, 2021

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

Suggested Citation

Hodge, James G. and Piatt, Jennifer and Barraza, Leila and Barraza, Leila, Legal Interventions to Counter COVID-19 Denialism (August 25, 2021). Hodge JG, Piatt JL, Barraza L, Legal interventions to counter COVID-19 denialism, Journal of Law, Medicine & Ethics (Forthcoming) , Available at SSRN: https://ssrn.com/abstract=3911198 or http://dx.doi.org/10.2139/ssrn.3911198

James G. Hodge (Contact Author)

Arizona State University (ASU) - Sandra Day O'Connor College of Law ( email )

Sandra Day O'Connor College of Law
111 E. Taylor Street, MC 9520
Phoenix, AZ 85004-4467
United States
480-727-8576 (Phone)

HOME PAGE: http://https://law.asu.edu/degree-programs/public-health-law-policy

Jennifer Piatt

Arizona State University (ASU) - Sandra Day O'Connor College of Law ( email )

111 E. Taylor Street
Phoenix, AZ 85004
United States

Leila Barraza

Network for Public Health Law ( email )

Saint Paul, MN
United States

University of Arizona - Mel and Enid Zuckerman College of Public Health ( email )

Tucson, AZ

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