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Trends in US State Public Health Emergency Laws, 2021–2022

Published in the American Journal of Public Health, this article written by staff at the Center for Public Health Law Research identifies and categorizes US state legislation introduced between January 1, 2021, and May 20, 2022 that addresses emergency health authority. The COVID-19 pandemic called for quick, decisive action to limit infections, and when the next outbreak hits, new laws limiting health authority may make such action even more difficult.

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State Preemption Laws

In the United States, preemption is a legal doctrine that allows upper levels of government to restrict or even prevent a lower-level government from self-regulating. While it is often thought of in the context of the federal government preventing state regulation, preemption is increasingly used as a tool by states to limit cities, counties, and other lower-level municipalities from legislating across a broad array of issues.  

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Post-Dobbs State Abortion Restrictions and Protections

On June 24, 2022, the US Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization overturned nearly 50 years of precedent protecting the right to an abortion prior to viability. Under Roe v. Wade, the legal landscape of abortion was a complex patchwork of state laws and court decisions regulating access to the procedure. The Dobbs decision further compromised abortion access by allowing states to ban all or most abortions.  

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