The Network for Public Health Law monitors key court cases and relevant judicial trends in public health. The Network’s monthly reporter, Judicial Trends in Public Health (JTPH), highlights select, recently-published cases in public health law and policy from the prior 3 months. Case abstracts are organized within 11 key topics (adapted from James G. Hodge, Jr., Public Health Law in a Nutshell, 4th ed. (2021)), including hyperlinks to the full decisions (where available). Contact the Network for more information, questions, or comments.

JTPH CASE HIGHLIGHTS – May 16, 2022

Bentonville School District v. Sitton (Supreme Court of Arkansas, Apr. 14, 2022): The Arkansas Supreme Court reversed an order blocking a school district’s mask mandate, holding that state law gave schools broad authority to establish internal policies. Read the abstract here.

Plata v. Newsom (U.S. Court of Appeals, 9th Circuit, Apr. 25, 2022): The Ninth Circuit vacated a lower court order requiring the California Department of Corrections and Rehabilitation (CDCR) to require vaccination of all staff who regularly access CDCR facilities. Read the abstract here.

R.J. Reynolds Tobacco Co. v. Los Angeles (U.S. Court of Appeals, 9th Circuit, Mar. 18, 2022): The Ninth Circuit held that a Los Angeles ban on menthol cigarette and other flavored tobacco product sales is valid because the Family Smoking Prevention and Tobacco Control Act (TCA), a federal law, allows it. Read the abstract here.

Heights Apartments, LLC v. Walz (U.S. Court of Appeals, 8th Circuit, Apr. 5, 2022): The Eighth Circuit allowed a Minnesota rental property owner to pursue claims alleging that the 2020 statewide residential eviction moratorium was an unconstitutional taking and interfered with the property owner’s contracts. Read the abstract here.

Grisham v. Hudson (Supreme Court of New Mexico, Mar. 7, 2022): The New Mexico Supreme Court invalidated a series of citizen-initiated petitions convening grand juries to investigate the governor's response to the COVID-19 pandemic. Read the abstract here.

TOPICS: These and other cases are organized on the Network website under the topics below (adapted from chapter titles in Public Health Law in a Nutshell (4th Edition) by James G. Hodge, Jr., Director, Network for Public Health Law—Western Region). Select a topic below to view all cases under that topic.

1.  Source & Scope of Public Health Legal Powers
2.  Constitutional Rights & the Public's Health
3.  Preventing & Treating Communicable Conditions
4.  Social Distancing Measures
5.  Addressing Chronic Conditions
6.  Mitigating the Incidence & Severity of Injuries & Other Harms
7.  Public Health Information Management, Privacy & Security
8.  Regulating Communications
9.  Monitoring Property & the Built Environment
10. Public Health Emergency: Legal Preparedness & Response

11. COVID-19 Pandemic: Public Health Emergency Law & Policy Responses

JTPH is a collaboration of the Network’s Western and Eastern Region Offices led by Editor-in Chief, Jennifer Piatt, JD, Deputy Director, Western Region Office. Additional Western Region contributors include James G. Hodge, Jr., JD, LLM and Erica N. White, JD. Eastern Region contributors include Kathi Hoke, JD, Morgan Jones, JD, and Brianne Schell, JD, MA.

Legal information or guidance provided in this transmission or website does not constitute legal advice or representation. For legal advice, please consult specific legal counsel in your state.