The COVID-19 pandemic has revealed critical ambiguities in state law, especially in regard to the ownership and responsibility of public health orders. Governors often relied on a general statutory power to take 'necessary' actions in response to COVID's threats. Yet, some courts found this statutory authority was so vague that it violated the separation of powers, and they set aside vital public health orders. Meanwhile, some state legislatures attempted to terminate emergency declarations by joint resolution, which was unconstitutional according to one state supreme court. In this episode, we are joined by Professor Rob Gatter, the director of the Center for Health Law Studies and an expert in public health law. Professor Gatter is also currently serving as the Reporter on a project of the Uniform Law Commission to draft a model state law addressing these such ambiguities.
*This episode was recorded live on October 20, 2022 as the final installment of this year's Health Law Live series.