Hostname: page-component-cd9895bd7-dzt6s Total loading time: 0 Render date: 2024-12-25T07:51:20.621Z Has data issue: false hasContentIssue false
  • English
  • Français

Nationalizing Public Health Emergency Legal Responses

Published online by Cambridge University Press:  29 June 2021

James G. Hodge Jr.
Get access Rights & Permissions [Opens in a new window]

Abstract

The fight for public health primacy in U.S. emergency preparedness and response to COVID-19 centers on which level of government — federal or state — should “call the shots” to quell national emergencies?

Keywords

COVID-19EmergencyPreparednessResponseSecurityFederalismLawsPolicies
Type
Columns: Public Health and the Law
Information
Journal of Law, Medicine & Ethics , Volume 49 , Issue 2: Race and Ethnicity in 21st Century Health Care , Summer 2021 , pp. 315 - 320
Copyright
© 2021 The Author(s)

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Footnotes

About This Column

James G. Hodge, Jr., J.D., LL.M., serves as the section editor for Public Health and the Law. He is the Peter Kiewit Foundation Professor of Law and Director, Center for Public Health Law and Policy, Sandra Day O’Connor College of Law, Arizona State University (ASU).

References

Lopez, G., “How the US’s Covid-19 Death Toll Compares to that of Other Wealthy Countries,” Vox News, January 11, 2021, available at <https://www.vox.com/future-perfect/2021/1/11/22220827/covid-19-pandemic-coronavirus-usa-europe-canada-trump> (last visited March 15, 2021).+(last+visited+March+15,+2021).>Google Scholar
Hodge, J.G. et al., “Legal ‘Tug-of-Wars’ During the COVID-19 Pandemic: Public Health v. Economic Prosperity,” Journal of Law, Medicine & Ethics 48, no. 3 (2020): 603-607.CrossRefGoogle ScholarPubMed
Robeznieks, A., “Coronavirus Herd Immunity will Take Team Effort, says Dr. Fauci,” American Medical Association, February 22, 2021, <https://www.ama-assn.org/delivering-care/public-health/coronavirus-herd-immunity-will-take-team-effort-says-dr-fauci> (last visited March 15, 2021).+(last+visited+March+15,+2021).>Google Scholar
Sherman, M., “States Largely Have Authority Over When to Shut Down, Reopen,” Federal News Network, April 14, 2020, available at <https://federalnewsnetwork.com/government-news/2020/04/states-largely-have-authority-over-when-to-shut-down-reopen-2/> (last visited March 15, 2021).+(last+visited+March+15,+2021).>Google Scholar
J. Medina and G. Russnello, “ExiPolls Showed the Vote Came Down to Pandemic Versus the Economy,” The New York Times, November 3, 2020available at <https://www.nytimescom/2020/11/03/us/politics/exit-pollshtml> (last visited March 15, 2021)L. Baccini, et al., “The COVID-19 Pandemic and the 2020 US PresidentiaElection,” Journal of Population Ethics 34, no. 2 (2021): 739–767; P. Whiteley et al., “Donald Trump: How COVID-19 Killed His Hope of Re-election — New Research,” The Conversation, November 30, 2020, available at <https://theconversation.com/donald-trump-how-covid-19-killed-his-hope-of-re-election-new-research-151045> (lasvisited March 15, 2021).Google Scholar
Parker, A., Dawsey, J., Viser, M., and Scherer, M., “How Trump’s Erratic Behavior and Failure on Coronavirus Doomed His Reelection,” The Washington Post, November 7, 2020, available at <https://www.washingtonpost.com/elections/interactive/2020/trump-pandemic-coronavirus-election/> (lasvisited March 15, 2021); A. Gabbatt“‘Incited by the President’: Politicians Blame Trump for Insurrection on Capitol Hill,” The Guardian, January 6, 2021, available at <https://www.the-guardian.com/us-news/2021/jan/06/donald-trump-politicians-insurrection-capitol-hill> (last visited March 152021).+(lasvisited+March+15,+2021);+A.+Gabbatt“‘Incited+by+the+President’:+Politicians+Blame+Trump+for+Insurrection+on+Capitol+Hill,”+The+Guardian,+January+6,+2021,+available+at++(last+visited+March+152021).>Google Scholar
Koop, A., “Putting the Cost of COVID19 in Perspective,” Visual CapitalistJanuary 14, 2021, available at <https://www.visualcapitalist.com/putting-the-cost-of-covid-19-in-perspective/> (lasvisited March 15, 2021).+(lasvisited+March+15,+2021).>Google Scholar
Berkowitz, S., Cené, C.W., and Chat-terjee, A., “Covid-19 and Health Equity — Time to Think Big,” New England Journal of Medicine, September 17, 2020 available at <https://www.nejm.org/doi/full/10.1056/NEJMp2021209> (last visited March 15, 2021).CrossRef+(last+visited+March+15,+2021).>Google Scholar
Kirsch, T.D. and Hodge, J.G., “Health-care Workers Deserve Better Protections from COVID-19,” JAMA Health Forum, November 16, 2020available at <https://jamanetworkcom/channels/health-forum/fullarticle/2773228> (last visited March 15 2021). 10. A. Abbott, “COVID’s Mental-Health Toll: How Scientists are Tracking a Surge in Depression,” Nature, February 3, 2021, available at <https://www.nature.com/articles/d41586-02100175-z> (last visited March 15, 2021).+(last+visited+March+15+2021).+10.+A.+Abbott,+“COVID’s+Mental-Health+Toll:+How+Scientists+are+Tracking+a+Surge+in+Depression,”+Nature,+February+3,+2021,+available+at++(last+visited+March+15,+2021).>Google Scholar
Aria, E. et al., “Vital Statistics Rapid Release: Provisional Life Expectancy Estimates for January through June,Centers for Disease Control and Prevention, February 2021, available a<https://www.cdc.gov/nchs/data/vsrr/VSRR10-508.pdf> (last visited March 15, 2021).+(last+visited+March+15,+2021).>Google Scholar
Smith, A., “Trump Backs Down After Cuomo, Other Governors Unite on Coronavirus Response,” NBC News, April 14, 2020, available at <https://www.nbcnews.com/politics/donald-trump/trump-backs-down-after-cuomo-governors-unite-coronavirusk-response-n1183471> (last visited March 15, 2021).+(last+visited+March+15,+2021).>Google Scholar
Thomas, E. and Phelps, J., “Trump Claims He, Not Governors, Has Power Over States on Deciding Reopening Country,” ABC News, April 13, 2020, available at <https://abcnews.go.com/Politics/trump-claims-governors-power-states-deciding-reopening-country/story?id=70119115> (last visited March 15, 2021).+(last+visited+March+15,+2021).>Google Scholar
Montanaro, D. and Weiner, C., “Biden Sets Goal of July 4th to ‘Mark Independence’ from Coronavirus,” National Public Radio, March 11, 2021, available at <https://www.npr.org/sections/coronavirus-live-updates/2021/03/11/975420676/biden-to-address-the-nation-marking-1-year-of-coronavirus-pandemic> (last visited March 15, 2021).+(last+visited+March+15,+2021).>Google Scholar
Biden, J.R., Inaugural Address, January 20, 2021, Washington, DC, available at <https://www.whitehouse.gov/briefing-room/speeches-remarks/2021/01/20/inaugural-address-by-president-joseph-r-biden-jr/ > (last visited April 26, 2021).+(last+visited+April+26,+2021).>Google Scholar
The White House, National Strategy for the COVID-19 Response and Pandemic Preparedness, January 21, 2021, available at <https://www.whitehouse.gov/wp-content/uploads/2021/01/National-Strategy-for-the-COVID-19-Response-and-Pandemic-Prepared-ness.pdf> (last visited March 15, 2021).+(last+visited+March+15,+2021).>Google Scholar
Hodge, J.G., Public Health in a Nutshell (St. Paul: West Academic, 2018): at 35.Google Scholar
Hodge, J.G. et al., “COVID’s Constitutional Conundrum: Assessing Individual Rights in Public Health Emergencies,” Tennessee Law Review (forthcoming 2021), available at <https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3802045> (last visited March. 15, 2021).CrossRef+(last+visited+March.+15,+2021).>Google Scholar
Id.Google Scholar
Hodge, et al., supra note 2.Google Scholar
Barrett, J., “Covid-19 Face Mask Mandates End in Some States, Fueling Ten-sions,” The Wall Street Journal, February 19, 2021, available at <https://www.wsj.com/articles/covid-19-mask-mandates-end-in-some-states-fueling-tensions-11613739600?mod=article_inline> (last visited March 15, 2021). 22. D. Whitcomb, “Texas governor lifts state’s mask mandate, business restric-tions,” Reuters, March 2, 2021, available at <https://www.reuters.com/article/us-heath-coronavirus-usa/texas-governor-lifts-states-mask-mandate-business-restrictions-idUSKCN2AU-2JB> (last visited March 15, 2021).+(last+visited+March+15,+2021).+22.+D.+Whitcomb,+“Texas+governor+lifts+state’s+mask+mandate,+business+restric-tions,”+Reuters,+March+2,+2021,+available+at++(last+visited+March+15,+2021).>Google Scholar
Operation Warp Speed, U.S. Department of Defense website, available at <https://www.defense.gov/Explore/Spotlight/Coronavirus/Operation-Warp-Speed/> (last visited March 15, 2021).+(last+visited+March+15,+2021).>Google Scholar
Weiss, E. and Weintraub, K., “Amid a Chaotic COVID-19 Vaccine Rollout, States Find Ways to Connect Shots with Arms,” USA Today, March 1, 2021, available at <https://www.usatoday.com/story/news/health/2021/03/01/covid-vaccine-rollout-states-find-different-ways-deliver-shots/6826155002/> (last visited March 15, 2021).+(last+visited+March+15,+2021).>Google Scholar
Turken, S., “Vaccine Tourism: Virginians Are Crossing State Lines to Get COVID-19 Shots,” North Carolina Public Radio, February 9, 2021, available at <https://www.wunc.org/health/2021-02-09/vaccine-tourism-virginians-are-crossing-state-lines-to-get-covid-19-shots> (last visited March 15, 2021).+(last+visited+March+15,+2021).>Google Scholar
Robertson, C. and Smith, M., “Arizona, Roiled by Covid in Summer, Faces Even Worse Outbreak Now,” The New York Times, January 12, 2021, available at <https://www.nytimes.com/2021/01/05/us/arizona-covid.html> (last visited March 15, 2021).+(last+visited+March+15,+2021).>Google Scholar
Knauer, N.J., “The COVID-19 Pandemic and Federalism: Who Decides?” NYU Journal of Legislation & Public Policy 23, no. 1 (2020); 1-33, at <http://dx.doi.org/10.2139/ssrn.3599239> (last visited March 15, 2021).Google Scholar
Baker, M., “Seattle’s Virus Success Shows What Could Have Been,” The New York Times, March 11, 2021, available at <https://www.nytimes.com/2021/03/11/us/coronavirus-seat-tle-success.html> (last visited March 15, 2021).+(last+visited+March+15,+2021).>Google Scholar
Leatherby, L. and Harris, R, “States that imposed few restrictions now have the worst outbreaks,” The New York Times, November 19, 2021, available at <https://www.nytimes.com/2020/11/19/world/states-that-imposed-few-restrictions-now-have-the-worst-outbreaks.html> (last visited March 15, 2021).+(last+visited+March+15,+2021).>Google Scholar
EIS Officers, “Open Letter by Epidemic Intelligence Service Officers — Past and Present — in Support of CDC,” May 30, 2020, available at <https://eis1984.medium.com/open-letter-by-epidemic-intelligence-service-officers-past-and-present-in-support-of-cdc-759cdc0666c3> (last visited March 15, 2021); G. Lopez, “America Still Needs More Coronavirus Testing. Trump’s New Plan Falls Short,” Vox News, April 28, 2020, available at <https://www.voxs.com/2020/4/28/21239729/coronavirus-testing-trump-plan-white-house> (last visited March 15, 2020); S. Armour and S. Siddiqui, “Biden’s First Month of Covid-19 Response Marked by Larger Federal Role,” The Wall Street Journal, March 2, 2021, available at <https://www.wsj.com/articles/bidens-first-month-of-covid-19-response-marked-by-larger-federal-role-11613840400> (last visited March 15, 2021).+(last+visited+March+15,+2021);+G.+Lopez,+“America+Still+Needs+More+Coronavirus+Testing.+Trump’s+New+Plan+Falls+Short,”+Vox+News,+April+28,+2020,+available+at++(last+visited+March+15,+2020);+S.+Armour+and+S.+Siddiqui,+“Biden’s+First+Month+of+Covid-19+Response+Marked+by+Larger+Federal+Role,”+The+Wall+Street+Journal,+March+2,+2021,+available+at++(last+visited+March+15,+2021).>Google Scholar
Secretary of Department of Health and Human Services, Alex Azar, Secretary Azar Declares Public Health Emergency for United States for 2019 Novel Coronavirus, 2020.Google Scholar
Federal Emergency Management Agency, “COVID-19 Emergency Decla-ration,” press release, March 14, 2020, available at <https://www.fema.gov/press-release/20210121/covid-19-emergency-declaration> (last visited March 15, 2021).+(last+visited+March+15,+2021).>Google Scholar
Ewing, P. and Sprunt, B., “Trump Sets Easter Goal For Reopening American Economy,” NPR, March 24, 2020, available at <https://www.npr.org/2020/03/24/820774378/trump-id-love-for-u-s-to-be-opened-up-by-easter-amidst-pandemic-response> (last visited March 15, 2021).+(last+visited+March+15,+2021).>Google Scholar
“President Trump points at Arizona as model for addressing coronavi-rus,” The Associated Press, August 5, 2020, available at <https://www.azfamily.com/news/continuing_coverage/coronavirus_coverage/president-trump-points-at-arizona-as-model-for-addressing-coronavirus/article_e7f4bfd6-d746-11ea-8070-53f12d4522ed.html> (last visited March 15, 2021).+(last+visited+March+15,+2021).>Google Scholar
Caputo, M., “DeSantis Flings Open Florida in Trump’s Campaign for Nor-malcy,” Politico, September 25, 2020, available at <https://www.politico.com/news/2020/09/25/desantis-trump-florida-coronavirus-421987> (last visited March 15, 2021).+(last+visited+March+15,+2021).>Google Scholar
Svitek, P., “President Donald Trump Applauds Gov. Greg Abbott’s Handling of Texas Reopening During White House Visit,” The Texas Tribune, May 7, 2020, available at <https://www.texas-tribune.org/2020/05/07/texas-reopen-ing-donald-trump-greg-abbott/> (last visited March 15, 2021).+(last+visited+March+15,+2021).>Google Scholar
Wilkonson, F., “Gavin Newsom Declares California a ‘Nation-State,’” Bloomberg, April 9, 2020, available at <https://www.bloomberg.com/opinion/arti-cles/2020-04-09/california-declares-independence-from-trump-s-corona-virus-plans> (last visited March 15, 2021).+(last+visited+March+15,+2021).>Google Scholar
“Trump Slams Gov. Gretchen ‘Half Whitmer’ in New Tweet Over Medical Supplies,” Fox 2 Detroit, March 27, 2020, available at <https://www.fox-2detroit.com/news/trump-slams-gov-gretchen-half-whitmer-in-new-tweet-over-medical-supplies> (last visited March 15, 2021); K. Liptak, “Trump Tweets Support for Michigan Protesters, Some of Whom Were Armed, as 2020 Stress Mounts,” CNN, May 1, 2020, available at <https://www.cnn.com/2020/05/01/politics/donald-trump-michigan-gretchen-whitmer-protests/index.html> (last visited March 15, 2021).+(last+visited+March+15,+2021);+K.+Liptak,+“Trump+Tweets+Support+for+Michigan+Protesters,+Some+of+Whom+Were+Armed,+as+2020+Stress+Mounts,”+CNN,+May+1,+2020,+available+at++(last+visited+March+15,+2021).>Google Scholar
Cole, D., “Cuomo Says He Would Refuse and Challenge an Order from Trump to Reopen New York’s Economy if it put Residents’ Health at Risk,” CNN, April 14, 2020, available at <https://www.cnn.com/2020/04/14/politics/andrew-cuomo-donald-trump-reopen-new-york-economy-coronavirus-cnntv/index.html> (last visited March 15, 2021).+(last+visited+March+15,+2021).>Google Scholar
Barr, W., Memorandum from U.S. Attorney General Advising DOJ to Take Action Against States’ Unlawful Reopening Policies, April 27, 2020, available at <https://www.justice.gov/opa/page/file/1271456/download> (last visited March 15, 2021); Statement of Interest on Behalf of the United States, Signature Sotheby’s International Realty v. Whitmer, Civil No. 1:20-cv-00360-PLM-PJG (W.D. Mich. May 29, 2020).+(last+visited+March+15,+2021);+Statement+of+Interest+on+Behalf+of+the+United+States,+Signature+Sotheby’s+International+Realty+v.+Whitmer,+Civil+No.+1:20-cv-00360-PLM-PJG+(W.D.+Mich.+May+29,+2020).>Google Scholar
Kluger, J. and Wilson, C., “America Is Done With COVID-19. COVID-19 Isn’t Done With America,” TIME, June 15, 2020, available at <https://time.com/5852913/covid-second-wave/> (last visited March 15, 2021).+(last+visited+March+15,+2021).>Google Scholar
Public Readiness and Emergency Preparedness (PREP) Act, 42 U.S.C. § 247d–6d (2012).Google Scholar
Declaration Under the Public Readiness and Emergency Preparedness Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (March 17, 2020).Google Scholar
Wu, K. J., “Nevada Halts Use of Rapid Coronavirus Tests in Nursing Homes, Citing Inaccuracies,” The New York Times, October 7, 2020, available at <https://www.nytimes.com/2020/10/07/health/nevada-covid-testing-nursing-homes.html> (last visited March 15, 2021).+(last+visited+March+15,+2021).>Google Scholar
Evans, B.J. and Clayton, E. Wright, “Federal COVID-19 Response Unlawfully Blocks State Public Health Efforts,” Petrie-Flom Center at Harvard Law, October 22, 2020, available at <https://blog.petrieflom.law.harvard.edu/2020/10/22/federal-covid19-response-nevada-preemption/> (last visited March 15, 2021).+(last+visited+March+15,+2021).>Google Scholar
Department of Health and Human Services, Advisory Opinion 20-02 on the Public Readiness and Emergency Preparedness Act and the Secretary’s Declaration Under the Act, May 19, 2020, at <https://www.hhs.gov/sites/default/files/advisory-opinion-20-02-hhs-ogc-prep-act.pdf> (last visited March 15, 2021).+(last+visited+March+15,+2021).>Google Scholar
Centers for Medicare and Medicaid Services, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers, February 19, 2021, available at <https://www.cms.gov/files/docu-ment/summary-covid-19-emergency-declaration-waivers.pdf> (last visited March 15, 2021).+(last+visited+March+15,+2021).>Google Scholar
Food and Drug Administration, Emergency Use Authorization, available at <https://www.fda.gov/emergency-preparedness-and-response/mcm-legal-regulatory-and-policy-framework/emergency-use-authorization#vaccines> (last visited March 15, 2021).+(last+visited+March+15,+2021).>Google Scholar
Centers for Disease Control and Prevention, HHS and CDC Receive Flight Carrying Repatriated US Citizens, January 29, 2020, available at <https://www.cdc.gov/media/releases/2020/s0129-repatriated-US-citizens.html> (last visited March 15, 2021).+(last+visited+March+15,+2021).>Google Scholar
Centers for Disease Control and Prevention, CDC Requires Wearing of Face Masks While on Public Transportation and at Transportation Hubs, January 30, 2021, available at <https://www.cdc.gov/media/releases/2021/p0130-requires-face-masks.html> (last visited March 15, 2021).+(last+visited+March+15,+2021).>Google Scholar
Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19, 85 Fed. Reg. 55,292 (Sep-tember 4, 2020).Google Scholar
Terkel v. Centers for Disease Control & Prevention, No. 6:20-CV-00564, 2021 WL 742877, at *1 (E.D. Tex. Feb. 25, 2021) (on appeal to Fifth Circuit Court of Appeals).Google Scholar
Department of the Treasury, The CARES Act Provides Assistance to Workers and Their Families, available at <https://home.treasury.gov/policy-issues/cares/assistance-for-american-workers-and-families> (last visited Oct. 1, 2020).+(last+visited+Oct.+1,+2020).>Google Scholar
The White House, supra note 16.Google Scholar
Park, A., Biden’s First Three Steps to Getting COVID-19 Vaccines to Every American, TIME, January 27, 2021, available at <https://time.com/5933825/biden-new-vaccine-plan/> (last visited March 15, 2021).+(last+visited+March+15,+2021).>Google Scholar
Bose, N., “Factbox: Biden’s plan to fight the coronavirus,” Reuters, January 21, 2021, available at <https://www.reuters.com/article/usa-biden-corona-virus-orders-int/factbox-bidens-plan-to-fight-the-coronavirus-idUSKBN-29Q2GI> (last visited March 15, 2021).+(last+visited+March+15,+2021).>Google Scholar
Lovelace, B., “Biden on ambitious Covid rescue plans: ‘I will always be honest with you,’” CNBC, January 14, 2021, available at <https://www.cnbc.com/2021/01/14/biden-unveils-sweeping-plan-to-combat-the-covid-pandemic-in-the-us.html> (last visited March 15, 2021).+(last+visited+March+15,+2021).>Google Scholar
Armour and Siddiqui, supra note 30.Google Scholar
Defense Production Act, 50 U.S.C.A. § 4511(a) (2015).Google Scholar
Maxmen, A. and Subbaraman, N., “Biden’s ambitious COVID plan: what scientists think,” Nature, January 26, 2021, available at < https://www.nature.com/articles/d41586-021-00220-x> (last visited March 15, 2021).+(last+visited+March+15,+2021).>Google Scholar
Camera, L., “Biden Details Plan for Reopening Schools,” US News, January 21, 2021, available at <https://www.usnews.com/news/education-news/articles/2021-01-21/biden-details-plan-for-reopening-schools> (last visited March 15, 2021).+(last+visited+March+15,+2021).>Google Scholar
Stolberg, S.G., “Pandemic Relief Bill Fulfills Biden’s Promise to Expand Obamacare, for Two Years,” The New York Times, March 8, 2021, available at <https://www.nytimes.com/2021/03/08/us/politics/obamacare-biden.html?campaign_id=2&emc=edit_th_20210309&instance_id=27866&nl=todaysheadlines&regi_id=72831090&segment_id=53056&user_id=3030eb2f30a2a78dd0d19041cb80308c> (last visited March 15, 2021).+(last+visited+March+15,+2021).>Google Scholar
Norwood, C., “Biden has a plan to address COVID-19 disparities. Here’s what experts recommend,” PBS, February 5, 2021, available at <https://www.pbs.org/newshour/politics/biden-has-a-plan-to-address-covid-19-disparities-heres-what-experts-recommend> (last visited March 15, 2021).+(last+visited+March+15,+2021).>Google Scholar
Armour and Siddiqui, supra note 30; G. Lopez, “Biden’s new national plan to fight Covid-19, explained,” Vox News, January 21, 2021, available at <https://www.vox.com/future-per-fect/22241060/biden-covid-19-corona-virus-executive-actions-orders-mask-mandate> (last visited March 15, 2021).+(last+visited+March+15,+2021).>Google Scholar
American Rescue Plan Act, Public Law No: 117-2 (2021).Google Scholar
Cochrane, E., “Congress Clears $1.9 Trillion Aid Bill, Sending It to Biden,” The New York Times, March 10, 2021, available at <https://www.nytimes.com/2021/03/10/us/politics/covid-stimulus-bill.html?campaign_id=2&emc=edit_th_20210311&instance_id=27891&nl=todaysheadlines&regi_id=72831090&segment_id=53197&user_id=3030eb2f30a2a78dd0d19041cb80308c> (last visited March 15, 2021).+(last+visited+March+15,+2021).>Google Scholar
Thompson, D., “COVID-19 Cases are Dropping Fast. Why?” The Atlantic, February 17, 2021, available at <https://www.theatlantic.com/ideas/archive/2021/02/why-covid-19-cases-are-falling-so-fast/618041/> (last visited March 15, 2021).+(last+visited+March+15,+2021).>Google Scholar
Huang, P. and Carlson, C., “How is the COVID-19 Vaccination Going in Your State?” NPR, March 15, 2021, available at <https://www.npr.org/sections/health-shots/2021/01/28/960901166/how-is-the-covid-19-vaccination-cam-paign-going-in-your-state> (last visited March 15, 2021).+(last+visited+March+15,+2021).>Google Scholar
Centers for Disease Control and Prevention, Operational Strategy for K-12 Schools through Phased Mitigation, Updated February 26, 2021, available at <https://www.cdc.gov/coronavirus/2019-ncov/community/schools-childcare/operation-strategy.html#executive-summary> (last visited March 15, 2021).+(last+visited+March+15,+2021).>Google Scholar
Department of Labor Occupational Safety and Health Administration, Guidance on Preparing Workplaces for COVID-19, available at <https://www.osha.gov/sites/default/files/publications/OSHA3990.pdf?hss_channel=tw-92064349> (last visited March 15, 2021).+(last+visited+March+15,+2021).>Google Scholar
Tankersley, J., “The Economy Is Improving Faster Than Expected, the U.S. Budget Office Says,” The New York Times, February 22, 2021, available at <https://www.nytimes.com/2021/02/01/business/economy/cbo-economy-estimate.html> (last visited March 15, 2021).+(last+visited+March+15,+2021).>Google Scholar
Hodge, J.G. and Weidenaar, K., “Public Health Emergencies as Threats to National Security,” Journal of National Security Law & Policy 9, no. 1 (2017): 81-94, available at <https://jnslp.com/wp-content/uploads/2016/09/Public_Health_Emergencies_as_Threats_to_National_Security.pdf> (last visited March 15, 2021).Google Scholar
Baker, J., “From Shortages to Stockpiles: How the Defense Production Act Can Be Used to Save Lives, Make America the Global Arsenal of Public Health, and Address the Security Challenges Ahead,” Journal of National Security Law & Policy 11, no. 1 (2020): 157-177, available at <https://jnslp.com/wp-content/uploads/2020/12/From-Short-ages-to-Stockpiles_2.pdf> (last visited April 26, 2021); D. Smith, “Trump invokes Defense Production Act law to compel GM to supply ventilators,” The Guardian, March 27, 2020, available at <https://www.theguardian.com/us-news/2020/mar/27/trump-defense-production-act-coronavirus-gm> (last visited March 15, 2021).Google Scholar
Hodge, , supra note 17, at 183-184.Google Scholar
Watson, K. and Linton, C., “Biden Directs All States to Make All Adults Eligible for COVID-19 Vaccine by May 1,” CBS News, March 12, 2021, available at <https://www.cbsnews.com/live-updates/biden-covid-vaccine-eligible-may-1/> (last visited March 15, 2021).+(last+visited+March+15,+2021).>Google Scholar
Gabriel, T., “State Lawmakers Defy Governors in a Covid-Era Battle for Power,” The New York Times, February 22, 2021, available at <https://www.nytimes.com/2021/02/22/us/politics/republicans-democrats-governors-covid.html> (last visited March 15, 2021).+(last+visited+March+15,+2021).>Google Scholar