ADELANTO, CALIF. — More than half of U.S. states have altered their state, city, or local public health powers since the pandemic, according to the Network for Public Health Law. Some jurisdictions reduced the legal authority of public health agencies following criticism of pandemic-era lockdowns, school closures, mask mandates, and vaccine requirements.
At least 15 laws across 11 states introduced new restrictions on declaring public health emergencies. Alabama, Virginia, and Louisiana are among these 11 states. Kansas and Utah enacted restrictions on quarantining or isolating individuals potentially or actually infected with pathogens. Florida, Oklahoma, and Texas also reduced the authority of health officials to impose mask mandates. Some states limited vaccination requirements or curtailed powers to restrict public gatherings.
Lawrence Gostin, a professor of public health law at Georgetown University, said, "There's been such an enormous backlash from the COVID-19 pandemic right across America, particularly in red states. It's become part of our national lore of overreaching government." He added, "There are a lot of public health commissioners now who are not traditional public health people and who are much more MAHA or MAGA. And so I think all in all you've got weakened authority, you've got weakened political backing and you don't have traditional public health scientists at the head of public health agencies."
Dr. Georges Benjamin, head of the American Public Health Association, said, "There have been examples where they have said, 'Well, if you want to do this, you now need to come to the legislature to get it.' Or the legislature has the authority now to reverse it." Benjamin added, "I'm worried that many public health officials will now have their hands tied."
Elizabeth Platt, director of research and operations at the Center for Public Health Law Research at Temple University, said, "In some states where there has been a lot of activity around public health power, it's going to create confusion. And so just understanding if your public health entity has these authorities is going to take time. And as we learned during the pandemic, time is of the essence."