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. Becerra (N.D. Tex., Aug. 23, 2022): A federal court in Texas temporarily blocked enforcement, in Texas, of a U.S. Department of Health and Human Services (HHS) guidance asserting that, regardless of state law, hospital emergency departments may be required to perform abortion procedures under certain circumstances pursuant to the federal Emergency Medical Treatment and Active Labor Act (EMTALA). Read the abstract here.

Dylan Brandt et al. v. Leslie Rutledge et al. (U.S. Court of Appeals, 8th Circuit, Aug. 25, 2022): In an Equal Protection-based sex discrimination challenge, the Eighth Circuit upheld a ruling preliminarily blocking an Arkansas law which banned certain health care procedures for transgender minors. Read the abstract here.

State of Texas v. San Antonio Independent School District et al. (Texas 4th Court of Appeals, July 27, 2022): A Texas appellate court affirmed a decision not to block San Antonio Independent School District’s COVID-19 vaccine mandate, affirming that the policy is within the district’s authority. Read the abstract here.

Dearinger v. Eli Lilly and Co. (Supreme Court of Washington, June 2, 2022): The Washington Supreme Court held that drug companies are not obligated to warn patients about risks associated with medications directly marketed to consumers. Read the abstract here.

Flower World v. Sacks (U.S. Court of Appeals, 9th Circuit, Aug. 11, 2022): The Ninth Circuit Court of Appeals rejected challenges to state public health measures applicable to agricultural workers. 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. 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.