Resources:
- Georgia:
o Governor Brian P. Kemp Office of the Governor, 2020 Executive Orders.
- Louisiana:
o Attorney General Jeff Landry comes out against Governor John Bel Edward’s latest Executive Order imposing state-wide mask mandates and restrictions on certain businesses. Landry claims the order is unconstitutional and unenforceable. He says this despite commentary from many trusted legal analysts saying this order is perfectly constitutional.
- Michigan:
o Governor Whitmer mandates that gyms remain closed even though other businesses are allowed to begin reopening.
- Wisconsin:
o The Wisconsin Supreme Court struck down the “Safer at Home” emergency order (requiring all nonessential businesses remain close and classifying all nonessential travel as unlawful) because it did not comply with Wisconsin administrative procedure.
§ Wisconsin Legislature v. Secretary-Designee Andrea Palm (Wisconsin Supreme Court, May 13, 2020.)
Resources:
- Mississippi:
o Governor Reeves’ Order with confusing directives to local municipalities surrounding their ability to enact local pandemic-controlling actions.
- Texas: Governor Greg Abbott is refusing to allow local officials to implement mandatory mask orders.
- Nebraska:
- California: Elon Musk sues Alamada County for violating the 14th Amendment and overstepping the bounds of the state-wide order.
Resources:
- Supreme Court decision not to reopen churches during the pandemic. Split 5-4. South Bay United Pentecostal Church v. Newsom held that states have some power to regulate how many people are allowed to gather in churches during a pandemic.
Also see: Calvary Chapel Dayton Valley v Sisolak, with strong dissents to upholding the order.
- Legacy Church Inc. v. Kunkel: District court held a church failed to demonstrate that the 1st Amendment’s free exercise clause and right to freedom of assembly were violated by the New Mexico Department of Health’s emergency order limiting mass gatherings.
- Soos v. Cuomo: District court granted a preliminary injunction prohibiting the state from limiting the plaintiff’s indoor worship beyond the limitations imposed on businesses in Phase Two of New York’s reopening plan.
- A good background case on regulating churches: Employment Division v. Smith
- Freedom of Religion vs. Emergency Government Powers
- Why places of worship are more susceptible to COVID-19 spread:
- State powers vs. fundamental rights – good discussion of 1st Amendment issues and gives examples of current cases
o Jenkins, Sarah, State Powers Vs. Fundamental Rights During COVID-19 (June 15, 2020). Law360.
Resources:
- Legal issues surrounding whether medical exemptions can get you out of wearing a mask
- The legality of the popular sign going viral on Facebook about individual business owners not being allowed to inquire as to why a customer is not wearing a mask because it violates the 4th Amendment, 5th Amendment, and HIPAA.
- US Department of Health and Human Services – General information about HIPAA
- Americans with Disabilities Act & masks
o The ADA is clear that an accommodation cannot post a risk of injury to others. How should businesses and others deal with claims that the ADA allows people to opt out of masks and prevents asking why?
§ General info on the ADA (from the US Department of Justice Civil Rights Division).
§ “The ADA does not provide a blanket exemption to people with disabilities from complying with legitimate safety requirements necessary for safe operations.”
§ Guidance from the EEOC which clarifies how businesses can follow public health measures while still accommodating disabled employees.
· US EEOC, Coronavirus and COVID-19.
o Section 504 of the Rehabilitation Act of 1973 + ADA -- 504 is a predecessor of the ADA that applies to schools. How do the two determine mask usage and other issues with COVID for schools?
§ National Association of the Deaf, Section 504 and ADA Obligations and Public Schools (2020).
- Pletcher v. Giant Eagle – PA law suit involving 30 consolidated claims that a grocery store’s mask requirement, regardless of a shopper’s underlying condition, is unlawful. Also available on Westlaw.
Resources:
- Employers have a duty to provide a safe workplace for employees. This could lend itself to COVID-19 vaccination requirements for employees to return to work. However, many Americans have health-related or religious-related objections to vaccines. What is the legality of requiring vaccination?
o Donovan, Joan, Vaccines stop diseases safely – why all the suspicion? (July 22, 2020). Nature.
- California has a messy history with trying to mandate vaccinations.
- Protest in Sacramento, California about vaccines.
- State powers vs. fundamental rights during COVID-19 (good intro about Jacobson vs. Massachusetts and mandatory vaccinations, in addition to a broader discussion.)
o Jenkins, Sarah, State Powers vs. Fundamental Rights During COVID-19 (June 15, 2020). Law360.
- History mandatory vaccines: Jacobson v. Massachusetts, 197 U.S. 11 (1905) – court mandated compulsory small pox vaccination. Also available on Westlaw.
- General information about vaccines – COVID vaccine tracker and information about the vaccine approval process.
Resources:
- K-12 liability
o Trump is encouraging all schools to open, while the Director of the CDC is saying some hot spots should get exceptions from reopening school.
o Comparing opening schools during the 1918 flu pandemic vs. a century later
- A coalition of organizations representing public schools penned a letter to Congress asking them to pass a bill granting public schools temporary relief from liability related to COVID-19.
- Tennessee passes state level version of this:
- CDC guidelines on reopening schools:
o CDC, Operating Schools During COVID-19 (May 19, 2020).
o CDC, Preparing for a Safe Return to School (August 1, 2020).
- Florida’s Education Commissioner ordered all K-12 schools to open 5 days a week.
- Waivers as a possible way for schools to avoid liability:
o Anderson, Greta, Colleges Seek Waivers From Risk-Taking Students (August 3, 2020). Inside Higher Ed.
- Discussion about reopening private schools
Resources:
- What is the legal basis for “essential” vs. “non-essential”?
o Dahl, Richard, What Legally Qualifies as an Essential Business? (April 13, 2020). FindLaw.
- State by state break down of what is an essential business
- Trump’s Executive Order to keep meat packing plants open under the Defense Production Act
- Trump states that gun retailers are essential
- Florida Governor Ron DeSantis includes theme parks and sporting events – such as WWE – essential businesses.
- Hartman v. Acton – owner of a bridal shop in Ohio sought relief in the form of a temporary stay of the governor’s order closing all non-essential businesses. Took issue with her bridal shop not being an essential business. Also available on Westlaw.
Resources:
- Bill Barr’s statement “Balancing Public Safety with the Preservation of Civil Rights.”
- Conflict between state and local governments in a rush to reopen during the COVID-19 pandemic (including a good federalism discussion)
- Federalism meets the COVID-19 pandemic
This is an important topic. If you choose to write on this topic, we will work with the library and others with expertise to help you research the history behind this question.
Resources:
- Old cases:
o Morgan’s Steamship Co. v. Louisiana Board of Health (1886) – holding that the state can charge quarantine and inspection fees at ports.
o Compagnie Francaise de Navigation a Vapeur v. Board of Health of State of Louisiana (1902) – holding that states can exclude persons from a locale to prevent the spread of disease.
Resources:
- In In re Texas, the Supreme Court of Texas held COVID-19 immunity did not qualify as a “physical condition” that would entitle a voter to qualify to vote-by-mail under the “disability” category of the state’s election code.
- Overview of Trump’s potential ability to influence or postpone the 2020 election
- Trump suggests delaying the election
- Trump’s various claims about mail-in ballots
o Parks, Miles, FACT CHECK: Trump Spreads Unfounded Claims About Voting by Mail (June 22, 2020). NPR.
- President Trump suing Nevada over mail-in ballots
- Information on voting by mail and whether it leads to more voter fraud
- What could go wrong on election day?
o Voting By Mail Will Increase Dramatically This Year – And It Could Get Messy (July 22, 2020). NPR.
Resources:
- CDC guidelines about travelling during the pandemic
o CDC, Quarantine and Isolation, Legal Authorities.
o CDC, Travel During COVID-19.
- Bailey’s Campground Incorporated v. Mills case involving right to travel into Maine during the COVID-19 pandemic.
- Article discussing whether Governors can close their borders as a response to the pandemic
o Thaler, Jeff, Can Governors Close Their Borders to Pandemic Risks? (April 20, 2020). Just Security.
- NYC set up quarantine check points for travelers from COVID-19 hot spots
- List of travel restrictions by state with linked sources
o Marples, Megan, COVID-19 travel restrictions state by state (August 12, 2020). CNN.
- COVID-19 and travel bans – who is blocked from entering the US?
- McGehee v. City of Flagstaff – man sues for his right to “wander about without any specific purpose”. Also available on Westlaw.
Resources:
- US Citizenship and Immigration Services official response to COVID-19
o U.S. Citizenship and Immigration Services, USCIS Response to COVID-19.
- Official ICE guidance on COVID-19 (includes the number of confirmed cases and deaths in detention due to COVID-19.)
o U.S. Citizenship and Immigration Services, ICE Guidance on COVID-19.
- A lot of information about immigration procedures branching off from this page
o Navigating the U.S. Immigration System During Coronavirus Outbreak. NOLO.
- Insight into the Trump administration’s family detention policy during COVID-19 and before.
- Numerous sources on the intersection of immigration policy and COVID-19
- A list of effects COVID-19 has had on immigration courts
o Immigration Courts and COVID-19 (May 12, 2020). Pacific Council on International Policy.
- Trump signs an Executive Order limiting certain kinds of work visas.
- Trump administration policy on international student visas.
- Trump administration suspending entry of certain immigrants during the COVID-19 pandemic.
Resources:
- 50 State Tracker COVID-19 response:
o How Every State’s Legal System is Responding to COVID-19 (Updated August 7, 2020). NOLO.
- DOJ seeks a new emergency power to detain people regardless of their access to the courts during an emergency
- US Courts homepage addressing court procedure during the pandemic
o Judiciary Preparedness for Coronavirus (COVID-19) (March 12, 2020). United States Courts.
- Courts suspend jury trial in response to COVID-19
o Courts Suspend Jury Trials in Response to Coronavirus (March 26, 2020). United States Courts.
- Judiciary authorizes video/audio access during COVID-19 pandemic
- How COVID-19 impacts criminal cases (good discussion of rights and procedure)
o Pirius, Rebecca, How Is the Coronavirus (COVID-19) Impacting Criminal Cases? NOLO.
Resources:
- Official number of inmates and prison employees testing positive for COVID-19
o Federal Bureau of Prisons, COVID-19.
- Bureau of Prisons’ “action plan” for COVID-19
o Federal Bureau of Prisons, Federal Bureau of Prisons COVID-19 Action Plan (March 13, 2020).
- Impact of COVID-19 outbreak on jails:
o Pirius, Rebecca, Impact of Coronavirus Outbreak on Jails. NOLO.
- Impact of COVID-19 outbreak on prisons:
o Pirius, Rebecca, Impact of Coronavirus on Prisons. NOLO.
- Recommendations from the CDC on prisons/jails during COVID-19
o CDC, Guidance for Correctional & Detention Facilities (Updated July 22, 2020).
- Anecdotal article from advocates and inmates on impact of COVID-19
o Reznick, Alisa, Advocates plead with Arizona to release vulnerable inmates amid COVID-19 (April 29, 2020). Arizona Public Media.
- Explanation of why prisons and jails are susceptible to community spread
o Wetsman, Nicole, Prisons and jails are vulnerable to COVID-19 outbreaks (March 7, 2020). The Verge.
Resources:
- Medicaid and Due Process During the COVID-19 Pandemic
- Various resources about the Medicaid during the pandemic
o Coronavirus Disease 2019 (COVID-19), Medicaid.
- Medicaid and COVID-19: At the Center of Both Health and Economic Crises
Resources:
- Robinson v. Marshall – deals with an Alabama ban on abortion during the pandemic. Also available on Westlaw.
- Pre-term Cleveland v. Attorney General of Ohio – deals with Ohio ban on abortion during the pandemic. Also available on Westlaw.
- Adams & Boyle v. Slattery – deals with Tennessee ban on abortion during the pandemic. Also available on Westlaw.
- In re Abbott – deals with a Texas ban on abortion during the pandemic. Available on Westlaw.
- State powers vs. fundamental rights – good discussion on abortion bans during the pandemic
o Jenkins, Sarah, State Powers vs. Fundamental Rights During COVID-19 (June 15, 2020). Law360.
- Abortion access during COVID-19: state by state
o Carter, Dennis, Abortion Access During COVID-19, State by State (April 14, 2020). Rewire News.
- Some perspective and information about abortion access during the pandemic and states banning abortion
o 1A Across America: Abortion Bans During the Pandemic (April 23, 2020). NPR.
Resources:
- Employers have to provide a safe workplace with policies that protect all employers equally
o United States Department of Labor, COVID-19 Standards.
- Employee paid leave/COVID-19 fact sheet
- CDC’s guide for businesses and employers responding to COVID-19
o CDC, Guidance for Businesses & Employers (May 6, 2020).
- FAQ about employee’s rights during the pandemic on Law360
- Whether forcing employees to sign an affidavit daily stating that they do not have any COVID-19 symptoms is legal?
- Interview about the intersection of workers rights and the pandemic
o Mineo, Liz, How COVID turned a spotlight on weak worker rights (June 23, 2020). The Harvard Gazette.
- Note: some of the sources from topic 18 and 19 could be relevant.
Resources:
- EEOC’s guidance on COVID-19 for employers:
- The ADA at Work – Considerations for COVID-19 (a webinar)
- American Diabetes Association – information about worker’s rights under the ADA
o American Diabetes Association, Know Your Rights: COVID-19.
- Information on COVID-19 and the ADA
o Switzer, Ellice and Strobel Gower, Wendy, COVID-19 and the ADA (April 8, 2020). Cornell Law Blog.
- Note: some of the sources from topic 17 and 19 could be relevant
Resources:
- Potential bill in front of the Senate that would indemnify employers from liability related to COVID-19
- Can employers make employees sign a liability waiver before coming back to work?
o Morra, Michael, Can My Employer Ask Me to Sign a COVID-19 Waiver? NOLO.
- Template liability waiver form: COVID-19 Liability Waiver.
- Discussion of the effectiveness of COVID-19 liability waivers
- Returning to Work: COVID-19, Worker’s Compensation, and Employee/Consultants’ Waivers
- Note: some of the sources from topic 18 and 19 could be relevant
Resources:
- Fact Sheet on public health legal authorities to collect, use, share, and protect information
- Legal and Ethical Consideration for a Modern Quarantine
o Rothstein, Mark, From SARS to Ebola: Legal and Ethical Considerations for Modern Quarantine (June 2015). – see under Section IV: Legal Authority
- Attacks on public health officials during the COVID-19 pandemic
Resources:
- Does COVID-19 make contracts unenforceable? It depends.
o Deutsch, Jeremy, COVID-19 and Contracts Under Pressure (March 23, 2020).
- Can you cancel a contract due to COVID-19?
- Breaking contracts due to coronavirus: can you argue it’s an act of god?
- Companies are asking EPA for extensions due to virus
Resources:
- Background on Act of God
- Breaking contracts due to coronavirus: can you argue it’s an act of god?
- Businesses thought they were covered for the pandemic but insurers are denying coverage.
- Coronavirus will cost businesses billions. Insurance may not help.
- Oceana Grill – a restaurant in the French Quarter in New Orleans – suing for business interruption insurance.
- How COVID-19 is changing insurance for schools
o Wells, Andrea, How COVID-19 is Changing Insurance for Schools (June 1, 2020). Insurance Journal.
- COVID-19: Insurance Policy Considerations for Higher Education Institutions
Resources:
- How insurers can return to physical workplaces and reimagine the future
- The Safe to Work Act – Currently in front of the US Senate as a federal waiver of liability.
- State versions of liability protection laws.
o Blei, Nicholas, What State Laws On COVID-19 Liability Protection Look Like (June 8, 2020). Law360.
- Waivers as a possible way for schools to avoid liability:
o Anderson, Greta, Colleges Seek Waivers From Risk-Taking Students (August 3, 2020). Inside Higher Ed.
- Can employers make employees sign a liability waiver before coming back to work?
o Morra, Michael, Can My Employer Ask Me to Sign a COVID-19 Waiver? NOLO.
- Template liability waiver form: COVID-19 Liability Waiver.
- Discussion of the effectiveness of COVID-19 liability waivers
- Returning to Work: COVID-19, Worker’s Compensation, and Employee/Consultants’ Waivers
Resources:
- CDC official guidance: Preparing for COVID-19 in Nursing Homes
o CDC, Nursing Homes & Long-Term Care Facilities (Updated June 25, 2020).
- COVID-19 Nursing Home Data
o Centers for Medicare and Medicaid Services, COVID-19 Nursing Home Data (Updated Weekly).
o Louisiana: WAFB, COVID-19 cases at La. Nursing homes (March 23, 2020).
- Anticipating COVID-19 Legal Issues Nursing Homes May Face
- What to do if your loved one’s nursing home has a COVID-19 Case?
- Multiple States Take Steps to Shield Nursing Homes from Liability Amid COVID-19