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Article
Forthcoming
Supreme Court Impacts in Public Health Law: 2025-2026
James G. Hodge Jr. and Taylor Brown
Journal of Law, Medicine & Ethics
 
Open Access

Abstract:

In an increasingly contemptuous political environment as the nation prepares to celebrate its sesquicentennial on July 4, 2026, the U.S. Supreme Court capped its 2025-2026 term including profound decisions on a series of cases raising significant controversies in health law and policy. As per Figure 1 and analyses below, major topics addressed by the Court this term include: (1) the scope and limits of Presidential emergency authorities; (2) state debates over LGBTQ+ rights and discrimination in parental and sports-related settings; (3) First Amendment interests juxtaposed against states’ rights to regulate medical professionals or require vaccinations; (4) expansion of Second Amendment rights to possess firearms; and (5) state-based product liability and other claims foreclosed via Congress.
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