Law in Crisis: A Look at Governmental Powers in the Face of a Public Health Disaster

Abstract

The failed governmental response to Hurricane Katrina revealed that when it comes to catastrophic incidents, the United States lacks a defined command structure and adequate pre-disaster planning. This article focuses on the interplay between local, state, and federal governments when preparing for — and responding to — public health emergencies. Hurricane Katrina is an effective case study for this analysis because it illustrates where governmental powers succeed and where they fail. Also, the evolution of disaster preparation on a state and national level is demarcated by Katrina: one can better understand the strengths and flaws of the system when it is compared to the system pre-Katrina. The purpose of this overview is to discuss the legal issues and complication that arise in the face of a public health emergency. It is important to understand what went wrong so that we can learn how to respond to a future disaster.