The Network for Public Health Law monitors key court cases and relevant judicial trends in public health. The Network’s monthly reporter, Judicial Trends in Public Health (JTPH), highlights select published cases from the prior 3 months in public health law and policy. These cases are organized below by name, issuing court, date of issuance, along with a brief synopsis, link to the case abstract, and hyperlink to the full decisions (when publicly available). For more information, including a topic digest of these and other cases, see below. Questions, comments, thoughts? Contact the Network for more information.
State of Texas, et. al. v. U.S. (U.S. Court of Appeals for the 5th Circuit, December 18, 2019): After establishing that the parties had sufficient standing to raise their claims, the 5th Circuit agreed with the lower district court that the individual mandate of the Affordable Care Act (ACA) of 2010 is unconstitutional. Read the abstract and access the decision here.
TOPICS: These and other cases are organized on the Network website under the topics below (adapted from chapter titles in Public Health Law in a Nutshell (3rd Edition) by James G. Hodge, Jr., Director, Network for Public Health Law—Western Region). Select a topic below to view all cases under that topic.
1. Source & Scope of Public Health Legal Powers
2. Constitutional Rights & the Public's Health
3. Preventing & Treating Communicable Conditions
5. Addressing Chronic Conditions
6. Mitigating the Incidence & Severity of Injuries & Other Harms
7. Public Health Information Management, Privacy & Security
9. Monitoring Property & the Built Environment
JTPH is made possible through a collaboration of the Network’s Western and Eastern Region Offices led and edited by April Shaw, JD, PhD, Staff Attorney, at the Western Region Office. Additional contributors include: James G. Hodge, Jr., JD, LLM, Kathi Hoke, JD, Leila Barraza, JD, MPH, Kerri McGowan Lowrey, JD, MPH, Mathew R. Swinburne, JD, Megan Griest, MPP, Cecilia Nieto, and Emily Carey.