Cameron Miranda
The CDC, or the Centers for Disease Control and Prevention, has the power to make and enforce measures to prevent the spread of disease. This includes the ability to prevent the interstate or international transmission of an infectious disease. The CDC's authority to do so comes from the Public Health Service Act, a law passed in 1944. This Act was created to give the Public Health Service the power to combat the spread of infectious diseases, which states acting alone cannot effectively prevent. However, the CDC's regulatory powers have been questioned and deemed to need modernization. There have been instances where the CDC's mandates have been deemed unconstitutional power grabs, such as the “eviction moratorium during the COVID-19 pandemic.
| Characteristics | Values |
|---|---|
| CDC's authority to make laws | Derived from the 1944 Public Health Service Act |
| CDC's law enforcement authority | Vague and questionable, as seen in the 2024 federal ruling against its eviction moratorium |
| CDC's regulatory powers | Need modernization to explicitly outline the CDC's powers in health crises |
| CDC's role in state regulation | Should not regulate individuals or businesses within a state, as long as the state has the authority to do so |
| CDC's Public Health Law Program | Offers tools and resources to health departments to improve their understanding of law and legal concepts |
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What You'll Learn
The Public Health Service Act of 1944
The Public Health Service Act, enacted in 1944, is a federal law in the United States. It is codified in Title 42 of the United States Code (Public Health and Welfare), Chapter 6A (Public Health Service).
The Act provided a legislative framework for the provision of public health services in the country. Notably, it established the federal government's quarantine authority for the first time, empowering the United States Public Health Service to prevent the introduction, transmission, and spread of communicable diseases from foreign countries into the United States.
The Public Health Service Act also granted the original authority for scientists and special consultants to be appointed "without regard to the civil-service laws", known as a Title 42 appointment. This provision was utilised during the COVID-19 pandemic, with the application of section 42 U.S.C. § 265 for Title 42 expulsions.
Over the years, there have been various attempts to amend the Public Health Service Act. For instance, the Family Planning Services and Population Research Act of 1970 established Title X, dedicated to providing family planning services to those in need. More recently, in 2013, a bill was introduced to amend the Act to address the shortage of emergency medical technicians (EMTs) and assist veterans in meeting state EMT requirements. This bill passed the House of Representatives but still needed approval from the Senate and the President to become law.
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CDC's regulatory powers
The CDC's regulatory powers are derived from the Public Health Service Act, a law passed in 1944. This law authorizes federal health agencies like the CDC to set measures to combat the spread of diseases, including infectious diseases that could be transmitted interstate or internationally.
The CDC's regulatory powers have been a topic of debate, with some arguing that they should not have the authority to regulate individuals or businesses within a state, as long as that state has the capacity to do so itself. However, others defend the CDC's role as a national public health agency, especially in situations that transcend state boundaries, such as air travel.
The CDC has used its regulatory powers to implement measures like the air travel mask mandate during the COVID-19 pandemic. However, a federal judge deemed this an overreach of the CDC's authority, highlighting the complexities and evolving nature of public health law.
To address these complexities, the CDC has a Public Health Law Program that collaborates with organizations like ChangeLab Solutions to offer training and resources to health departments, helping them better understand their legal capacities and navigate the intersection of law and public health.
While the CDC's regulatory powers are intended to protect public health, they must be balanced with respect for individual rights and the authority of states. This delicate balance is an ongoing discussion, with calls for modernizing the CDC's powers to better equip them for future health crises.
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CDC's Public Health Law Program
The CDC's Public Health Law Program (PHLP) works to improve public health by developing law-related tools and offering legal technical assistance to public health practitioners and policymakers in state, tribal, local, and territorial (STLT) jurisdictions. The program also collaborates with STLT public health departments and other partners to improve health outcomes.
The PHLP offers a unique set of tools and resources to health departments, helping them better understand their legal capacity and navigate complex legal concepts. This includes the Public Health Law Fellowship, a paid training opportunity that provides on-the-job training and mentorship from CDC professionals and field partners. The fellowship aims to strengthen the public health law workforce by increasing diversity and preparing the next generation of public health law professionals to address critical issues. It is open to current graduate or law students, as well as recent graduates with a demonstrated interest in public health law and a strong commitment to the role of law and community impact.
In addition to the fellowship, the PHLP has also developed the Public Health Law Academy in collaboration with ChangeLab Solutions. This online academy offers essential training on public health law, resulting in a legal certificate. The academy is free and accessible to anyone interested in learning more about public health law, including professors and students.
The CDC's Public Health Law Program plays a crucial role in improving public health outcomes by providing legal tools and resources, fostering diversity in the public health law field, and ensuring that the next generation of public health law professionals is well-equipped to address the challenges of the future.
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CDC's role in eviction moratorium
The CDC's role in the eviction moratorium during the COVID-19 pandemic was to impose a temporary ban on evictions to protect public health. The CDC cited that "housing stability helps protect public health because homelessness increases the likelihood of individuals moving into congregate settings, such as homeless shelters, which then puts individuals at higher risk of COVID-19".
The CDC's order, issued in 2020, banned the eviction of residential tenants who met certain criteria, including income and expected inability to pay rent due to loss of income. The moratorium was intended to prevent mass evictions, which could potentially increase the spread of COVID-19.
The CDC's authority to impose such a moratorium has been questioned and challenged in court. In May 2021, a federal judge vacated the CDC's nationwide eviction moratorium, stating that the Public Health Service Act does not grant the CDC the legal authority to impose such a ban. However, the judge's ruling did not affect similar moratoriums enacted at the state or local levels.
The CDC's eviction moratorium was unprecedented and highlighted the unique approach taken by the federal government to manage the spread of infection during the pandemic. While the CDC's order provided a temporary solution to prevent mass evictions, it also faced criticism for potentially infringing on landlords' property rights and setting a precedent for expansive interpretations of statutory authority.
The impact of the CDC's eviction moratorium was significant, with some arguing that it wreaked havoc on the rental industry and others claiming that it provided necessary relief to tenants facing financial difficulties during the pandemic.
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CDC's Assisted Reproductive Technology Surveillance System
The CDC's Public Health Law Program, in collaboration with ChangeLab Solutions, has established an online Public Health Law Academy that provides free training and a legal certificate in public health law. This initiative aims to enhance the understanding of public health law among health departments and community organizations.
Now, onto the topic of the CDC's Assisted Reproductive Technology Surveillance System.
The CDC's Assisted Reproductive Technology (ART) Surveillance team, established in 1992, operated under the CDC's Division of Reproductive Health. This team of epidemiologists, data analysts, and researchers played a crucial role in monitoring and tracking outcomes related to in vitro fertilization (IVF). Their work included assessing the safety and success of IVF procedures, such as whether they resulted in multiple births, premature deliveries, or other health risks to mothers and infants.
The ART Surveillance team provided valuable tools to the public, including an "IVF success estimator," which allowed individuals to assess the potential effectiveness of IVF for them. They also maintained a database of individual clinic success rates across the United States. Additionally, the team conducted research on various IVF-related topics, such as improving efficiency, reducing side effects, and enhancing accessibility for this costly procedure.
Despite President Donald Trump's proclaimed support for IVF and his self-proclaimed title of the "fertilization president", the CDC's ART Surveillance team was abruptly eliminated in 2025 as part of layoffs at the Department of Health and Human Services. This decision shocked public health experts and IVF advocates, with some expressing concerns about the loss of the team's expertise and the potential impact on the American public health system's global leadership in this field.
While there are other groups that track IVF outcomes, such as the Society for Assisted Reproductive Technology, the depth of knowledge and experience within the CDC's ART Surveillance team may be challenging to replicate.
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