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

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

Tucson, AZ

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

Box 877906
Tempe, AZ 85287-7906
United States

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