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Lawsuits and legislation have stripped U.S.public health officials of their tools and powers to counter future pandemics --survey

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When the next pandemic sweeps the United States, health officials in Ohio won’t be able to shutter businesses or schools, even if they become epicenters of outbreaks. Nor will they be empowered to force Ohioans who have been exposed to go into quarantine. State officials in North Dakota are barred from directing people to wear masks to slow the spread. Not even the president can force federal agencies to issue vaccine or testing mandates to thwart its march.

Conservative and libertarian forces have defanged much of the nation’s public health system through legislation and litigation as the world staggers into the fourth year of covid.

At least 30 states, nearly all led by Republican legislatures, have passed laws since 2020 that limit public health authority, according to a Washington Post analysis of laws collected by Kaiser Health News and the Associated Press as well as the Association of State and Territorial Health Officials and the Center for Public Health Law Research at Temple University.

Health officials and governors in more than half the country are now restricted from issuing mask mandates, school closures, and other protective measures or must seek permission from their state legislatures before renewing emergency orders, the analysis showed.

The movement to curtail public health powers successfully tapped into a populist rejection of pandemic measures following widespread anger and confusion over the government response to covid. Grass-roots backed candidates ran for county commissions and local health boards on the platform of dismantling health departments’ authority. Republican legislators and attorneys general, religious liberty groups and the legal arms of libertarian think tanks filed lawsuits and wrote new laws modeled after legislation promoted by groups such as the American Legislative Exchange Council, a conservative, corporate-backed influence in statehouses across the country.

The Alabama legislature barred businesses from requiring proof of covid vaccination. In Tennessee, officials cannot close churches during a state of emergency. Florida made it illegal for schools to require coronavirus vaccinations.

Cut short: One million covid deaths

The result, public health experts warn, is a battered patchwork system that makes it harder for leaders to protect the country from infectious diseases that do not care about red and blue state borders.

“One day we’re going to have a really bad global crisis and a pandemic far worse than covid, and we’ll look to the government to protect us, but it’ll have its hands behind its back and a blindfold on,” said Lawrence Gostin, director of Georgetown University’s O’Neill Institute for National and Global Health Law. “We’ll die with our rights on — we want liberty but we don’t want protection.”

Those seeking to dismantle public health powers say they’re fighting back against an intrusion on their rights by unelected bureaucrats who overstepped amid a national crisis....

Many conservatives said they did not believe the public health orders were effective in saving lives, despite evidence to the contrary. One study, for example, found that coronavirus vaccines prevented 3.2 million additional deaths in the United States.

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