Most states have cut back public health powers amid pandemic
Republican legislators in more than half of U.S. states, spurred on by voters angry about lockdowns and mask mandates, are taking away the powers that state and local officials use to protect the public against infectious diseases.
A Kaiser Health News review of hundreds of pieces of legislation found that, in all 50 states, legislators have proposed bills to curb such public health powers since the COVID-19 pandemic began. While some governors vetoed bills that passed, at least 26 states pushed through laws that permanently weaken government authority to protect public health. In three additional states, an executive order, ballot initiative or state Supreme Court ruling limited long-held public health powers. More bills are pending in a handful of states whose legislatures are still in session.
In Arkansas, legislators banned mask mandates except in private businesses or state-run health care settings, calling them "a burden on the public peace, health, and safety of the citizens of this state." In Idaho, county commissioners, who typically have no public health expertise, can veto countywide public health orders. In Kansas and Tennessee, school boards, rather than health officials, have the power to close schools.
President Joe Biden last week announced sweeping vaccination mandates and other COVID-19 measures, saying he was forced to act partly because of such legislation. "My plan also takes on elected officials in states that are undermining you and these lifesaving actions," he said.
