Abstract

The coronavirus pandemic has sparked political and legal conflict over medical guidance from public health authorities. Public health measures can raise constitutional questions regarding both the government’s authority and the restriction on individual liberty. Despite initial conflicting advice, public health experts have issued clear and repeated warnings that measures such as social distancing and mask wearing are essential to reducing transmission of the virus. Yet, these measures have prompted significant backlash, often out of proportion to the burden on individuals. The chapter will examine constitutional power of the state to implement public health measures during the pandemic that restrict individual freedom. While the chapter will focus on the United States, it will also consider how international law informs the constitutional analysis. Further, the chapter will examine the value of more coercive forms of enforcement, including monetary sanctions, to foster compliance. Not only are such sanctions lawful, but they are particularly important given the hyperpolarized climate and widespread dissemination of misinformation surrounding the virus.