In some states, anger at perceived overreach by health officials has prompted legislative attempts to limit their authority, including new state laws that prevent the closure of businesses or allow lawmakers to rescind mask mandates. Some state courts have reined in the emergency and regulatory powers governors have wielded against the virus. And in its recent rulings and analysis, the U.S. Supreme Court has signaled its willingness to limit disease mitigation in the name of religious freedom.

“The legal framework has evolved in ways that will complicate and perhaps undermine efforts to deal with the next public health crisis or even routine health threats,” said Wendy Parmet, director of the Northeastern University Center for Health Policy and Law, who also said she has been a “long critic of emergency laws and their potential for abuse.”…

At least 15 state legislatures have passed or are considering measures to limit the legal authority of public health agencies, according to the Network for Public Health Law, which partnered with the National Association of County and City Health Officials to document the legislative counterpunches. Lawmakers in at least 46 states have introduced hundreds of bills relating to legislative oversight of gubernatorial or executive actions during coronavirus or other emergencies, according to the National Conference of State Legislatures.