Tailoring Public Health Policies

In an effort to contain the spread of COVID-19, many states and countries have adopted public health restrictions on activities previously considered commonplace: crossing state borders, eating indoors, gathering together, even leaving one’s home. These policies often focus specific or groups, rather than imposing same limits across board. this Article, I consider law ethics these policies, which call tailored policies. Part II, identify two types policies: activity-based group-based. Activity-based respond differences in risks benefits activities, such as walking outdoors dining indoors. Group-based between groups with respect risk benefit. Examples are that treat children senior citizens differently, require travelers quarantine when traveling a new destination, individuals differently based whether they COVID-19 symptoms, tested positive for previous infection, been vaccinated against COVID-19. III, grounding principles “least restrictive means” “well-targeting.” also examine how courts analyzed challenged fundamental rights equal protection grounds. argue analyses typically favor does not preclude use imperfectly crafted. IV, three critiques centering claims produce inequity, cause harm, unacceptably limit liberty. we must evaluate comparatively: question is perfectly equitable, wholly prevent completely protect liberty, but better untailored ones at realizing goals pandemic. evaluation indirect harms well direct apparent ones.