News & Insights

As lawyers who care about public health, we hope for sound public health law and policy that is based on robust epidemiological evidence. But often the reality is a patchwork of provisions based on compromise, or no law at all. Compromise in public health lawmaking is often inevitable and even desirable in a democratic society. But is it ethically problematic to support a policy that the public believes is in place because it is protective when the evidence doesn’t support that conclusion? As public health lawyers, should we be satisfied that at least something is being done or remain firm in our support that only proven or effective policies should be passed?

This feasibility study, commissioned by the Network, includes insights gathered from personal interviews with public health advocates and leaders from 45 organizations. The purpose of this report is to stimulate wide-ranging discussion and engage those who share a sense of urgency in collective, purposeful action to strengthen public health advocacy in the United States.

The pandemic has highlighted various inequities experienced by people with disabilities, especially internet inaccessibility. The Americans with Disabilities Act (ADA) was passed before the internet was commonly used; consequently, there is no explicit language addressing website—much less telehealth—accessibility. In July, HHS and the Department of Justice jointly issued Guidance on Nondiscrimination in Telehealth which states that telehealth accessibility is required not only by the ADA, but also by the Rehabilitation Act, the Civil Rights Act and the Affordable Care Act. However, the Guidance is not legally binding.

The July 2022 decision in Dobbs v. Jackson Women’s Health thrusts questions of bodily autonomy into the limelight, especially with regard to pregnant people. At the intersection of two criminalized issues–abortion and drug use–pregnant people who use drugs (PWUD) will be further subject to a lack of adequate care in this post-Roe world. Even before Dobbs, however, pregnant PWUD were stigmatized, criminalized, and often received inadequate (or no) care.

The Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization overturned Roe v. Wade, eliminating a federal right to abortion prior to viability. Post-Dobbs, the authority to regulate abortions is left to state legislatures, with some choosing to ban abortions and restrict reproductive rights. Within states with restrictive abortion laws, some local governments have devised legal and policy strategies to mitigate the harms that abortion bans have on residents, such as adopting non-enforcement and non-prosecution strategies. This post explores some of the ordinances, resolutions, and non-prosecution measures local governments have implemented to protect reproductive rights undermined by state laws.

The Network is seeking a Public Health Senior Attorney to lead and coordinate our work in reproductive health. This position will track and assess laws, provide legal technical assistance, conduct training, develop tools and educational materials, and facilitate opportunities for networking and peer assistance. This position will also be the main point of contact and coordinate work with the Network’s five Region Offices. As a team member, the Senior Attorney will help identify funding opportunities, write grant proposals, manage contracts and project deliverables, and perform other duties as assigned.

August is Civic Health Month, a time dedicated to ensuring that every voter has the information they need to participate in elections and understand how that participation can improve their health and the health of their communities. The relationship between voting and health has been visualized in the Health & Democracy Index, and since its launch, the Network has worked with Dr. Scot Schraufnagel, Chair of the Department of Political Science at Northern Illinois University, to further explore the data behind the Index. In this Q&A, Dr. Schraufnagel discusses this current research and its implications.

The end of the COVID-19 public health emergency (PHE) will create additional risks for people with disabilities. During the pandemic, under the authority granted by the declaration of the PHE, federal agencies took several steps to allow state Medicaid agencies to maintain health care coverage and Medicaid-funded home and community-based services for people with disabilities.  Federal agencies also granted state Medicaid agencies a range of flexibilities, including changes to Medicaid enrollment and assessments, intended to facilitate enrollment in Medicaid and the maintenance of coverage while reducing COVID-19 exposure risks.  

Our health and the health of our democracy are deeply connected. When people vote, they exercise their voice on decisions that have a big impact on their health and the health of their family and neighbors.  Analysis from the Health & Democracy Index shows a clear relationship between inclusive voting policies and better health outcomes: States with more inclusive voting policies and greater levels of civic participation are healthier; states with exclusionary voting laws and lower levels of civic participation are less healthy.

The Network is seeking a Public Health Senior Attorney to lead and coordinate work in our Act for Public Health (A4PH) initiative, which helps public health departments preserve their authority and powers to protect the health of communities. This position will track and analyze legislation, provide legal technical assistance, conduct training, develop tools and educational materials, and facilitate opportunities for networking and peer assistance. This position will also be the main point of contact and coordinate with A4PH partner organizations. As a team member, the Senior Attorney will help identify funding opportunities, write grant proposals, manage contracts and project deliverables, and perform other duties as assigned.

Litigation by and against the government and by and against product manufacturers can impact public health as significantly as legislation and funding. A recent ruling by the U.S. Court of Appeals for the Ninth Circuit agreed with environmentalists, farmworkers, and food safety advocates in their joint lawsuit against the U.S. Environmental Protection Agency (EPA) for failing to adequately consider whether glyphosate (a herbicide that kills grass and weeds) poses unreasonable risks to humans, endangered species, and the environment. Although the court did not issue an order prohibiting or limiting the use of glyphosate, the three-judge panel sent the issue back to the EPA for reconsideration.

On June 24, 2022, the Supreme Court made a decision that disproportionately affects the lives of Black and minority women in Dobbs v. Jackson Women's Health Organization: specifically, access to abortion is not a fundamental right guaranteed by the Constitution. As a result of this decision, 26 states have already, or will soon, ban abortion with little or no exceptions, leaving approximately 33 million U.S. women lacking abortion access in their home states. Twenty-two states whose laws impose strict abortion restrictions collectively are home to 45 percent of Black women under the age of 55.