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Fact Sheet Public Health AuthorityEmergency Legal Preparedness and Response

­What Does Judicial Deference Have to Do with Public Health Authority?

February 21, 2024


Judicial deference is a legal principle that has historically respected the knowledge and experience of governmental public health actors, including public health agencies. However, recent attempts to dismantle judicial deference could have a negative impact on health departments without explicitly targeting public health. This fact sheet introduces the concept of judicial deference and its role in health agency administrative decision-making.