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 – Special Issue, January 14, 2022

National Federation of Independent Business v. Department of Labor and Ohio v. Department of Labor (U.S. Supreme Court, Jan. 13, 2022):On request by various states, businesses, and other organizations, the U.S. Supreme Court temporarily halted the Occupational Safety and Health Administration (OSHA) emergency temporary standard mandating COVID-19 vaccination or testing in many U.S. workplaces. Read the abstract here.

Biden v. Missouri and Becerra v. Louisiana (U.S. Supreme Court, Jan. 13, 2022): The U.S. Supreme Court allowed a Centers for Medicare and Medicaid Services (CMS) rule to take effect which requires facilities participating in Medicare and Medicaid to ensure that their staff receive COVID-19 vaccinations, subject to religious or medical exemptions. 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 (3rd 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, Rebecca Freed, and Nora Wells. 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.