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NC—Federal Response to COVID  Overburdened Healthcare



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Federalism DA
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2NC—Federal Response to COVID  Overburdened Healthcare

Increased federal control leads causes massive spikes and overloads the health system


Hodge 20 [James G. Hodge, Jr., Peter Kiewit Foundation Professor of Law and Director of the Center for Public Health Law and Policy at the Sandra Day O'Connor College of Law, Arizona State University. "Federal vs. State Powers in Rush to Reopen Amid Coronavirus Pandemic," Just Security, 4-27-2020, https://www.justsecurity.org/69880/federal-vs-state-powers-in-rush-to-reopen-amid-coronavirus-pandemic/]
The cumulative public health consequences of these “back to businessstrategies are largely unknown. Many public health experts and health care workers fear the worst – namely a rapid rise in COVID-19 cases lending to a second wave over the summer and into the early fall. Strains on health care systems may be insurmountable given there is no cure, treatments are resource intensive (and often futile), access to tests and personal protective equipment (PPE) is highly inadequate, and safe and effective vaccines are still months away.
The Federalism Quandary
Even less defined are the legal ramifications behind the political grandstanding about reopening or maintaining stay home and other mitigation orders. National and state responses to COVID-19 are severely testing constitutional structural principles of federalism at the heart of public health responses.
Following multiple federal missteps early in the pandemic around testing, coordination, and messaging, substantial constitutional challenges have surfaced. On April 13, the president claimed all-inclusive federal power to require state action, specifically to open up the economy and override New York and other states’ mitigation efforts. Two days later he pushed responsibilities back to the states to follow forthcoming White House reopening guidelines. When some states balked, Attorney General William Barr threatened to sue states and localities whose infection control measures counter federal objectives. After Georgia laid out aggressive reopening measures, Trump criticized a political ally, Kemp, for proceeding too quickly (after initially supporting the governor).
Americans are left wondering, “which level of government is actually in charge here?” In the face of a pandemic like COVID-19, the answer under principles of federalism is increasingly clear: neither. Constitutional federalism is designed to assure political accountability at each level of government not so much through clear demarcations of power, but rather through incentives to engage in collaborative responses.

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