![]() ![]() Since the COVID-19 pandemic began, states and municipalities have used emergency police power, the traditional tool for public health and safety emergencies, disparately, exhibiting wide latitude. With over 500,000 deaths from COVID-19, preparation for future emergencies should include legal and ethical clarity on which orders are evaluated under a deferential approach and which call for heightened or strict scrutiny. The strong, causal relationship to a largescale goal should protect public health orders that are time sensitive and effective and should be evaluated under Jacobson’s test regardless of the type of right infringed. ![]() The most compelling ethical justification for the use of public health police power in an emergency is that the order enacted will have a profound, beneficial effect on the overall emergency: a tight causal nexus. ![]()
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