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.

In re: Greg Abbott et al. (Texas Supreme Court, May 13, 2022): The Texas Supreme Court reversed an order forbidding the Texas Department of Family and Protective Services (DFPS) from investigating parents of transgender children for potential child abuse. Read the abstract here.

Arizona v. Yellen (U.S. Court of Appeals, 9th Circuit, May 19, 2022): The Ninth Circuit Court of Appeals held that Arizona has standing to challenge the American Rescue Plan Act (ARPA), a federal pandemic response package. Read the abstract here.

Planned Parenthood of the Heartland, Inc. v. Iowa (Supreme Court of Iowa, June 17, 2022): The Iowa Supreme Court held that the Iowa Constitution does not provide a fundamental right to abortion. Read the abstract here.

Valdez v. Grisham (U.S. Court of Appeals, 10th Cir., June 14, 2022): The Tenth Circuit Court of Appeals affirmed a district court decision leaving in place New Mexico’s vaccine requirements for health care workers. Read the abstract here.

Jones, et al. v. California Att’y General Rob Bonta, et al. (U.S. Court of Appeals, 9th Cir., May 11, 2022): A three-judge panel of the Ninth Circuit Court of Appeals held that a California law banning the sale of semiautomatic weapons to adults under the age of 21 violated the Second Amendment right to bear arms. 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, Erica N. White, JD, and Madisyn Puchebner. Eastern Region contributors include Kathi Hoke, JD, Morgan Jones-Axtell, 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.