Does the Stafford Act Apply During Pandemics? [No. 86]

The COVID-19 pandemic has been a legal first in many ways for the federal government. One of those firsts is using the Stafford Act during a pandemic. The Stafford Act is the primary statutory framework through which the federal government provides aid to states and localities when natural disasters overwhelm local capacity to respond. However, a big question is how does the Stafford Act apply during a pandemic? Do pandemics count as a natural disaster? Can the president declare a “national emergency” without prior request from the affected states? Professor Lisa Grow Sun explores the unique and historic ways the Stafford Act has been used during the COVID-19 pandemic in this No. 86 video.

As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

Follow Professor Lisa Grow Sun on Twitter: @LisaGrowSun1

Learn more about Professor Sun:

Differing views:

Disaggregating Disasters [BYU Law Library]

Letter from President Donald J. Trump on Emergency Determination Under the Stafford Act [The White House]

Stafford Act [FEMA]

The Stafford Act, Invoked By President Trump, Has Rarely Been Used For Public Health Emergencies [FORBES]

The Impact of Recent Stafford Act and Defense Production Act Declarations on COVID-19 Procurements [The National Law Review]

[tpayne]

Fantastic video. I think I'll use this in court

[jknoxville]

You keep saying Trump unilaterally declared a national emergency, as though the federal government as a whole was not criticizing him for not doing so before the declaration.

[burn]

So then Biden shouldn't keep it going right? Since the Stafford act from you said shouldn't be used during a pandemic since it doesn't affect physical property.

[louisakaangelisgeoghaganak]

and under the federal emergency management agency I ended termiante ended the world of the state of emergency see how trump handle a national emergency this nothing comapred he dealt with i was there national emergency and we made it through as greata amazing country through bush leader ship all colors

[louisakaangelisgeoghaganak]

we as colorado will make this and get through this as state emergency and if i need something want something condemn hell find hell guilty anyone trys put anyone in hell will be locked up for hundred billions years

[louisakaangelisgeoghaganak]

a death senetnce no hell stop hell had enough is enough of hell no hell allowed sense brought you all back in 196 countrys no emergency world peace ended terminate world of emergency and get back control and peace and understanding 196 countrys and world

[drafting]

This disaster isn't that unusual because similar instances and illnesses have happened before in this country. I wonder if we had a

This country did have a plan to handle this disaster, and it did fit neatly into out disasters plan. It was called:" Playbook for Early Response to High-Consequence Emerging Infectious Disease Threats and Biological Incidents.” We all know he had plenty of time.

It also didn't help that he disbanded the National Security Council (NSC) which included the Global Health Security and Biodefense unit. 😑