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This research explores the legal powers of governments during the COVID-19 pandemic and their implications on public health and rights.

April 2, 2020Open Access

Governmental Public Health Powers During the COVID-19 Pandemic

Key Points

This research explores the legal powers of governments during the COVID-19 pandemic and their implications on public health and rights.
Analysis of state and federal emergency declarations regarding public health during COVID-19.
Review of legal frameworks governing health measures such as quarantines and physical distancing.
Assessment of models projecting the impact of distancing measures on health systems.
Governors and the president utilized emergency powers to implement measures against COVID-19 spread.
Models indicate that physical distancing needs to be sustained for up to 18 months to effectively manage health impacts.
Legal discussion highlights the tension between public health safety and individual economic rights.

Abstract

The president and all 50 governors have declared health emergencies to combat the spread of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), which causes coronavirus disease 2019 (COVID-19). While researchers race for vaccines, officials are implementing physical distancing, including orders to stay at home, restrict travel, and close non-essential businesses. To limit cross-border spread, a few states have issued mandatory quarantines for interstate travelers. Models suggest physical distancing would have to persist for 3 months to mitigate peak impacts on health systems and could continue on an intermittent basis for 12-18 months. What legal powers do governments have? What is the role of the courts? How can we balance public health with personal and economic rights?

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