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Federalizing Public Health

Bill of Health

By Elizabeth Weeks The most promising path forward in public health is to continue recognizing federal authority and responsibility in this space. Historically, public health law primacy resides with states via their core, Tenth Amendment reserved police powers to address residents’ health, safety, and welfare.

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The End of Public Health? It’s Not Dead Yet

Bill of Health

By Nicole Huberfeld Once again, health law has become a vehicle for constitutional change , with courts hollowing federal and state public health authority while also generating new challenges. In administrative law disputes, a critical aspect of public health law, clear statement rules enforce separation of powers.

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Reclaiming Salus Populi

Bill of Health

Introduction: The Threat to Public Health As we reach the COVID-19 pandemic’s third anniversary, the warning signs for the future of public health law are everywhere. Along the way, courts have displayed an alarming disinterest in science or the impact of their decisions on the public’s health.

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Judging in the Pandemic – A Malawian Perspective

Bill of Health

By Zione Ntaba Malawi is not a stranger to public health crises in the last number of years, having faced a severe HIV epidemic and several cholera outbreaks continuing into 2023. It is with this context in mind that I turn to reflecting on the Principles and Guidelines on Human Rights and Public Health Emergencies (“Principles”).

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A Different Future Was Possible: Reflections on the US Pandemic Response

Bill of Health

conservative movement, convened by the Council for National Policy, organized a campaign to fight against public health measures nearly a year before vaccines or outpatient treatments were available to the general population. In early January 2021, amid the country’s largest wave of deaths during the pandemic, only five U.S.

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Prison Health Care is Broken Under the Medicaid Inmate Exclusion Policy

Bill of Health

Incarcerated individuals need health care, but punitive policies make securing access to care particularly difficult among this population, which numbers about 2.1 million as of 2021. In this context, policy efforts like the Humane Correctional Health Care Act (H.R.3514) 3514) are particularly critical.

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Tackling Racially Biased Health Care Algorithms

Bill of Health

Addressing algorithmic bias at the federal level Following a promise by the Biden Administration in 2022 to conduct an “evidence-based examination of health care algorithms and racial and ethnic disparities,” the Agency for Healthcare Research and Quality (AHRQ), began a systematic review last year.

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