This forthcoming article argues that basing resource allocation or triage decisions on a person’s pre-existing disability violates provisions of the Americans with Disabilities Act (ADA), the Rehabilitation Act, and the Affordable Care Act. These federal laws prohibit discrimination against
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This article discusses the President’s Coronavirus Task Force estimate that by strictly following extended social distancing and hygiene-related recommendations nationwide, the number of U.S. Coronavirus outbreak deaths can be held to 100,000, but that number could go much higher with
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This article discusses a New Hampshire court decision that found the governor’s emergency powers permit banning gatherings of more than 50 people, even if such actions infringe on people’s speech, assembly, and religious rights. The New Hampshire governor’s Emergency Order
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This article discusses a legal challenge filed against the Houston area stay-at-home order barring large, in-person gatherings for church services. Public health emergency response powers historically have permitted such restrictions. While to date Texas has not implemented a statewide stay-at-home
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FDA will allow distribution of large quantities of two anti-malarial drugs from the federal Strategic National Stockpile to hospitals as a possible treatment for COVID-19, using the agency’s authority to permit use of unapproved medical products or unapproved uses of
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The DHS designated firearm shop employees essential, while Pennsylvania, New York and Massachusetts have challenged. The Department of Homeland Security issued guidance recently designated firearm shop employees essential workers. Last week, a split Pennsylvania Supreme Court denied a petition by
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Local law enforcement in Florida and Illinois have arrested individuals for endangering others during the outbreak. A pastor of a Tampa Bay-area megachurch was arrested and jailed by the local sheriff for holding two large live Sunday services at his
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Multiple states (including TX, RI, MA, FL) have adopted policies restricting travel into their states from outbreak hot spots. While Texas has not yet adopted a state-wide shelter-in-place policy, they have established a policy ordering a 14-day self-quarantine for any
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The authors of this Hastings Center Report explain how ethical and legal duties intersect with public health in a time of crisis. When the health system can no longer handle the needs of all persons seeking care, ethical and legal
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This expert-authored report lays out multi-tiered path out from sheltering-in-place through recovery to reinforcing our response infrastructure. When will it be ok to begin loosening the stay-at-home restrictions currently in place, and when will things get back to normal? A
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