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.

Texas v. U.S. (U.S. Court of Appeals, 5th Cir., Oct. 5, 2022): Multiple states, led by Texas, sued the Department of Homeland Security (DHS), arguing that the Deferred Action for Childhood Arrivals (DACA) program, which protects from deportation undocumented immigrants brought to the U.S. as children, violates the Administrative Procedures Act (APA). Read the abstract here.

Green v. Miss USA LLC (U.S. Court of Appeals, 9th Cir., Nov. 2, 2022): A Ninth Circuit panel held that the First Amendment’s protection against compelled speech applies to the Miss USA Pageant’s “natural born female” eligibility requirement. Read the abstract here.

Kia’i Wai O Ale’Ale’ v. Dept. of Water (Haw. Supreme Ct., Sept. 23, 2022): The Supreme Court of Hawaii reversed a judgment for the Department of Water, holding that environmental impact reports under the Hawaii Environmental Protection Act (HEPA) must analyze secondary impacts and cannot segment a project analysis from related projects. Read the abstract here.

Hebert v. Louisiana Medical Mutual Insurance Company (La. App. 3rd Cir., Oct. 26, 2022): A mother filed suit against a doctor, hospital, and hospital’s insurer after the mistreatment of her son’s strep throat resulted in amputation of both his legs, for gross negligence, willful misconduct, and intentional torts. Read the abstract here.

Ritter et al. v. Oklahoma (Ok. Sup. Court, Sept. 20, 2022): Parents of Oklahoma public school children and the Oklahoma State Medical Association challenged state laws prohibiting local school boards from implementing mask mandates or vaccine requirements. 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, Madisyn Puchebner, and Lauren Krumholz, Cleo Goeckner, and Gus Vanderdonck. Eastern Region contributors include Kathi Hoke, 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.