scholarly journals Disability Law in a Pandemic: The Temporal Folds of Medico-legal Violence

2021 ◽  
pp. 096466392110227
Author(s):  
Claire Spivakovsky ◽  
Linda Roslyn Steele

Disabled people are subject to disability laws – such as guardianship, mental health and mental capacity legislation – which only apply to them, and which enable legal violence on the basis of disability (‘disability-specific lawful violence’). While public health laws during the COVID-19 pandemic enabled coercive interventions in the general population, disabled people have additionally been subject to the continued, and at times intensified, operation of disability laws and their lawful violence. In this article we engage with scholarship on law, temporality and disability to explore the amplification of disability-specific lawful violence during the pandemic. We show how this amplification has been made possible through the folding of longstanding assumptions about disabled people – as at risk of police contact; as vulnerable, unhealthy and contaminating – into the immediate crisis of the pandemic; ignoring structural drivers of oppression, and responsibilising disabled people for their circumstances and the violence they experience.

PsycCRITIQUES ◽  
2003 ◽  
Vol 48 (2) ◽  
Author(s):  
Richard Rogers
Keyword(s):  

Author(s):  
Scott Burris ◽  
Micah L. Berman ◽  
Matthew Penn, and ◽  
Tara Ramanathan Holiday

Chapter 20 explores the strategic reasons why entities may challenge public health laws, and uses the R.J. Reynolds Tobacco Company v. FDA case to walk through the steps of a legal challenge to a public health law. The chapter also identifies the attorneys involved in defending public health laws on behalf of local, state, and federal government entities and explains how legal technical assistance from public health organizations can support their efforts. Finally, the chapter defines the role of amicus curiae briefs and how they may effectively contribute to the defense of public health laws and regulations.


Author(s):  
Scott Burris ◽  
Micah L. Berman ◽  
Matthew Penn, and ◽  
Tara Ramanathan Holiday

This chapter explores the powers of Congress to pass federal public health laws and to delegate authority to federal agencies. The chapter starts with an explanation of Congress’s limited, enumerated powers and how this limits Congress to certain arenas of authority. It next explores the evolution Congress’s use of the Commerce Clause to pass public health laws, before exploring Congress’s use of the Taxing and Spending Clause. The chapter provides examples of how Congress has used both the Commerce Clause and its taxing and spending power to effectuate public health policy. Next, the chapter explains the National Federation of Independent Businesses v. Sebelius case; it details challenges to the Affordable Care Act’s individual mandate and Medicaid and explains the implications of the Supreme Court’s holdings. Lastly, the chapter explains Congress’s authority to delegate authority to federal administrative agencies to issue and enforce public health regulations.


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