A resource for decision-makers, researchers & lawyers tracking US & global #Covid19 laws & policies ⚖️
🧵Details!
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Starting with the COVID AMP interactive map, you first get a visual snapshot of US cases and a quantified scale of the level of physical distancing policy & laws in place for each state.
Click on any state to see what laws & policies are currently active (repealed & relaxing policies are also in the data) like:
- business shutdowns
- mass gathering bans
- facemasks
Pop up also shows you the phase of recovery & number of new #COVID19 cases over last 7 days.
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(Quick mid-thread aside: these are all the types of measures (and their definitions) of what we have reviewed laws and policies for #Covid19 for):
But wait! There's more! An expanded #COVIDAMP dashboard is also available to browse. It has all of the policy/law information in the map & more.
You can access it for each state clicking "View these policies" or directly at covidamp.org/data, showing you this:
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Each law/policy then has an entry viewable on the dashboard, including information about what it does, where it does it, and the legal authority.
PLUS! To make life easy for researchers/scholars/policymakers: we link you directly to a PDF of the law/policy!
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Finally, in the pursuit of open data & science, and because we want people to be able to use this for #covid19 law/policy/public health research, the full #COVIDAMP database is available to download.
In it, you get so much more info, inc. legal authority/ statute/ rule.
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The full #COVIDAMP policy & plan database has more than 5,730 records and we have an incredible team @georgetown_ghss working consistently to keep it up to date & analyze it for legal authorities.
We have another legal update to 🌎US pending & are expanding 🌍globally🌏
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All of this is because of our brilliant team @georgetown_ghss:
Jessica Lin
Joe Thomas
Akshay Gupta
Emily Sherman
Max Palys
Anjali Britto
Ari Aminpour
Emily Shambaugh
Madison Alvarez
May Tan
Nathalie Danso
Ryan Remmel
Emily Ren
Tim Rudolph-Math
Zach Trotzsky
Kate Toole
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We welcome all feedback, corrections, additions (& funding 😛). Feel free to also share projects, research or articles you develop using it: we'd love to see it!
This is a living project & we look forward to sharing our own #covid19 research & analysis that uses #COVIDAMP
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In past pandemic planning scenarios, we war game what would happen if the president and VP are both unable to fulfill their constitutional duties due to an infectious disease.
The Presidency, the Agencies, and Congress all have clear processes (set out below) but...
(1/5)
Presidential Succession Act (1947) sets out order:
1⃣Vice President (M. Pence)
2⃣Speaker of the House (N. Pelosi)
3⃣Speaker pro tempore (C. Grassley)
Then Cabinet members on dept creation order starting with4⃣State (M. Pompeo)5⃣Treasury (S. Mnuchin)
(2/5)
⏹️Congress⏹️
Senate: filled by appointment
House: filled by election (rules set by states)
Quorum is necessary for many activities: in light of 9/11, in 2003, 1st Continuity of Congress Report called for a Constitutional amendment to allow for temporary elections:
(3/5)
You can see the pattern of excess deaths match the movement of the pandemic across the US.
This suggests that official death counts may be substantially underestimating overall effects of #covid19: inc. deaths from SARS-CoV-2 & other causes linked to the pandemic.
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Accurate counts during epidemics are challenging: mortality from past pandemics (eg 1918 & 2009 flu) have been recalculated afterwards.
But this shows how critical accurate data reporting systems are & why Trump Admin's decisions on data are so worrying: wsj.com/articles/covid…
Last night, US District Court ruled that police in Portland, Oregon are limited in using tear gas against protestors because, inter alia, the risk of irreparable harm given the #covid19 pandemic.
1. A thread on this decision & reflection on evidence between science & law.
2. The Plaintiffs claimed use of tear gas violates:
– Fourth Amendment (as excessive force as an unreasonable search and seizure) &
– First Amendment (chilling political speech)
For a restraining order, Ps had to show that irreparable injury is likely w/o injunction.
3. The Court made this finding after asking parties to provide further evidence on "the science of tear gas" and Covid19. kptv.com/news/suit-to-s…
Legally, can President Trump withdraw the US from membership of the WHO?
– The WHO Constitution is a treaty.
– Membership of WHO requires signing the WHO Constitution & completing state domestic ratification processes (art 4).
– US has ratified the treaty.
(1/3)
*From WHO side*
WHO Constitution does not set out an express withdrawal process. This is not unusual and it is generally accepted that States are free to withdraw from international treaties & institutions (principle of state sovereignty, enshrined in Vienna Convention)
(2/3)
*US side*
Legally it's murky if the President can withdraw. While Exec has power to sign treaties, ratification follows advice & consent of Senate.
– Some argue Exec thus retains power to exit treaties
– Others argue it requires Congress consent:
(3/3) yalelawjournal.org/forum/presiden…
2. When States revised the International Health Regulations after SARS in 2005 they sought to balance sovereignty w public health but there was a "subtle but undeniable dilution of sovereign control" @Gianlucaburci, w WHO able to investigate reports from other states/ngos/media.
3. Another example of this sovereignty dilution: if a State doesn't accept WHO's offer to assist with investigating reports of an outbreak they may have, WHO may share the report with other States if it poses a public health risk (art 10).
The drum beat of my doctorate & work in international law & infectious disease has been: laws & norms, laws & norms.
Over last 4 years we've seen:
- Int'l level: int'l health laws ignored & norms weakened.
- National: chronic underfunding & dismissal of evidence-base.
2 years ago, I gave a talk @SydneyLawSchool@SydneyHealthLaw@USSC on this issue: rise of populism and impacts on global health (link below). I looked at how Australia & the US were underprepared for the next pandemic.
Last year, we launched the International Law Impact & Infectious Disease Consortium at @georgetown_ghss out of our concerns about the weakening of international laws and its impact on global health pandemic preparedness (but we need funding). (3/4)