Document Type
Article
Publication Title
Harvard Law School Petrie-Flam Center: Bill of Health Blog
Publication Date
10-22-2020
Keywords
health, Covid-19, unlawful response
Disciplines
Health Law and Policy | Law
Abstract
The federal government recently used preemption unlawfully to prevent state public health efforts to protect vulnerable people from COVID-19.
As 1,000 current and former CDC epidemiologists noted in an open letter, the federal government has failed to use legal powers it does have to manage the crisis, leaving states to “invent their own differing systems” to manage COVID-19. We add that the federal government is now asserting emergency powers it does not have to disable state public health responses.
Early this month, Nevada officials halted the use of two rapid coronavirus tests that produced high false-positive rates when used for screening vulnerable people in Nevada’s nursing homes, assisted-living, long-term care, and other congregate facilities. More than half the positive test results were false.
On October 8, the U.S. Department of Health and Human Services (HHS) sent a letter threatening that the Nevada officials’ action was “inconsistent with and preempted by federal law and, as such, must cease immediately or appropriate action will be taken against those involved.” Nevada yielded to this threat and, on October 9, removed its directive to stop using the tests.
Recommended Citation
Ellen Wright Clayton and Barbara J. Evans,
Federal COVID-19 Response Unlawfully Blocks State Public Health Efforts Harvard Law School Petrie-Flam Center: Bill of Health Blog.
(2020)
Available at: https://scholarship.law.vanderbilt.edu/faculty-publications/1194