Erica N. White, J.D. is a Staff Attorney with the Western Region Office and a Research Scholar with the Center for Public Health Law and Policy at the Sandra Day O’Connor College of Law at Arizona State University. She earned her J.D. at ASU in May 2021 and a B.A. in psychology from the University of North Texas in May 2016. She is a member of the State Bar of Texas.

As a law student, Erica worked with ASU’s Center for Public Health Law & Policy and completed externships with United States Agency for International Development (USAID) and the O’Neill Institute for National and Global Health Law at Georgetown University.

Erica currently focuses her research on public health policy, emergency legal preparedness, constitutional law, administrative law, reproductive rights, and vaccine law. Erica is also an avid court monitor, regularly evaluating public health implications arising from federal and state court decisions.

Articles & Resources

Guidance: State COVID-19 Emergency Declarations

GuidanceCOVID-19Emergency Legal Preparedness and Response

June 1, 2023
by Erica White, James G. Hodge, Jr. and Jennifer Piatt

Since the inception of the COVID-19 pandemic in early 2020, every state, most territories, hundreds of tribal governments, and thousands of municipalities have declared various levels of emergencies. This document provides a comprehensive snapshot of the current status of various state-level emergency declarations issued in response to COVID-19 based on data provided by the National Governors Association, the Network for Public Health Law, and other sources.

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Legal and Health Care Repercussions of the End of the National Public Health Emergency

Issue BriefHealth and Health CareMedicaidCOVID-19COVID-19 ResourcesCOVID-19 and Health EquityEmergency Legal Preparedness and Response

May 30, 2023
by Erica White, James G. Hodge, Jr. and Jennifer Piatt

This issue brief examines the end of multiple COVID-19 enhanced government authorities and the significant implications related to the cost and availability of COVID-19 vaccines and tests, telehealth and HIPAA flexibilities, Medicare and Medicaid expansions, private health insurance coverages, and immigration policies.

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Addressing Indoor Air Quality through Model Law

Law & Policy InsightsCOVID-19COVID-19 ResourcesEnvironment, Climate and HealthPreventing and Treating Communicable ConditionsMonitoring Property and the Built Environment

May 30, 2023
by Erica White and James G. Hodge, Jr.

Many Americans spend approximately 90 percent of their time indoors where the concentration of pollutants is two to five times higher than outdoors. Existing laws regulating indoor air quality are inconsistent and incomplete. In response a team of scientists, policymakers, and legal drafters is in the process of crafting a Model State Indoor Air Quality Act.

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Post-Dobbs Abortion Access Routes: A Primer

PrimerReproductive Health and Equity 

May 25, 2023
by Erica White and Jennifer Piatt

In light of the withdrawal of federal rights to abortion in Dobbs v. Jackson Women's Health Organization (2022) & restrictive state abortion laws, this Primer (1) describes a series of “open door” legal pathways to access abortion services in the U.S., (2) explains who may be able to utilize a specific pathway to access abortion services, and (3) delineates various actual or potential limitations related to accessing abortions via each pathway.

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First Amendment Implications: Reproductive Rights

Fact SheetReproductive Health and Equity Maternal and Child HealthLegislation and Legal ChallengesHealth and Health Care

April 3, 2023
by Erica White and Jennifer Piatt

Medication abortion (or the “abortion pill”) generally refers to the use of two medications—mifepristone and misoprostol—to safely end an early pregnancy. Importantly, it does not refer to use of Plan B emergency contraceptive; in December 2022, FDA updated Plan B’s packaging insert to expressly acknowledge that it functions to prevent conception, not to end a pregnancy. In 2020, medication abortion was used for 53 percent of all U.S. abortions. However, since the Dobbs v. Jackson Women’s Health Organization decision on June 24, 2022, 15 states have implemented near-total abortion bans (though bans in select states including Indiana, Ohio, and Wyoming are currently blocked by state courts).

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Science Denial and Public Health Law

Law & Policy InsightsMechanisms for Advancing Public HealthPublic Health Advocacy and Decision-Making

February 22, 2023
by Erica White

During the height of the COVID-19 pandemic, “science denialism” — including misinformation and disinformation — was rampant, engendering opposition to vaccines and other disease mitigation measures, as well as a backlash against public health officials. Combating the spread of misinformation and disinformation requires working with trusted community members and increased government efforts to disseminate clear public health information.

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Curtailing Implicit Racial Biases in Electronic Health Records

Law & Policy InsightsMechanisms for Advancing Health EquityHealth Data Sharing and PrivacyHealth Information and Data Sharing

December 14, 2022
by Erica White

It’s well established that individual and structural racism has led to disparities in the quality of and access to health care in the U.S. Recent studies show how medical records are another avenue through which bias and discrimination negatively impact care and further perpetuate racial inequities in delivery. Some states and organizations have taken steps to prevent racial inequities from percolating within medical records by issuing recommendations, publishing guidelines, or by mandating implicit bias training for those in the health care field.

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Abortion Access: Post-Dobbs Litigation Themes

Fact SheetReproductive Health and Equity Legislation and Legal ChallengesHealth and Health Care

November 4, 2022
by Erica White

Following the Court’s decision in Dobbs, some states have sought to provide greater or enhanced protections for abortion access. Other states, however, have initiated a series of measures to greatly limit or inhibit abortions. These actions include (a) implementation of pre-existing “trigger” laws banning procedures the moment abortion was no longer a federal constitutional right; (b) enforcement of decades-old laws banning abortion that were never repealed (following the Supreme Court’s initial decision affirming a right to abortion in Roe); and (c) passage of new statutes restricting abortions. This memo provides an illustrative discussion of key emerging themes from litigation challenging state-based anti-abortions laws or policies.

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