News Archive

Two IU McKinney professors discussed government’s power and limitations during a public health crisis for a story in the Indianapolis Star. 

Professor Gerard Magliocca, an expert in constitutional law at IU McKinney, talked about the limits to federal law. A portion of the story discusses powers reserved to state governments, and the limits of federal power outlined in the 10^th Amendment to the U.S. Constitution. Professor Magliocca noted that there is no federal law that establishes authority over state governments during a public health emergency. He also discussed Indiana Governor Eric Holcomb’s order during the pandemic which allows county governments to be more strict than the state’s current mandate. The reverse does not apply, however. Local governments may not loosen the governor’s stay-at-home orders, Professor Magliocca said. Local governments who defy the governor’s order could be sued by the attorney general.

"If a county is saying, we want to do what we think is best, even though the governor is telling us we can't, that's not going anywhere as a legal challenge," Professor Magliocca said in the story.

Professor Ross Silverman also talked about the ability of local governments in Indiana to apply more strict stay-at-home orders during a crisis. For example, Cass County saw an uptick in COVID-19 cases recently and restricted residents’ travel to work, humanitarian needs, and emergencies only.

“As long as they’re not conflicting with what the state has done, they can be more restrictive if needed,” Professor Silverman said. He is a Professor of Health Policy and Management at the IU Fairbanks School of Public Health at IUPUI, and holds a secondary appointment as Professor of Public Health Law at IU McKinney.