Accountability, polarization, and federalism: Oversight during and after the COVID-19 pandemic*

Authors

DOI:

https://doi.org/10.5055/jem.0613

Keywords:

Federalism, COVID-19, disaster response

Abstract

The decision by the Trump administration to leave many of the policy decisions regarding COVID-19 to United States governors has had significant consequences for the management of the pandemic. During the COVID-19 response, the federalist approach has created complications in areas including resource acquisition, crisis communication, testing, and social distancing. Such issues have been magnified the differences between centralized and decentralized state public health systems. Governors have found themselves at odds with the Trump administration in regard to competing for vital equipment, signaling to the public the severity of the virus, and defining an adequate testing system. Many governors took bold action and acted in bipartisan cooperation with the governors of other states, often in the face of strong criticism and protests. The lessons learned from COVID-19 regarding the need for coordination at the national level must be documented for history. Rather than relying on state-by-state after-action reports, which separately could be become fodder for ideological debate, this commentary recommends a bipartisan, joint after-action report signed by state governors as a mechanism to preserve state experiences.

Author Biographies

Nathan Myers, PhD

Associate Professor, Department of Political Science, MPA Program, Indiana State University, Terre Haute, Indiana

Tonya E. Thornton, PhD, MPPA

Principal, Delta Point Solutions, LLC, Port Republic, Virginia

References

Leung K, Wu JT, Liu D, et al.: First-wave COVID-19 transmissibility and severity in China outside Hubei after control measures, and second-wave scenario planning: A modelling impact assessment. Lancet. 2020; 395: 1382-1393.

Neaves TT, Wachhaus TA, Royer GA: The social construction of disasters in the United States: Cultural and historical phenomena. J Emerg Manag. 2017; 15(3): 175-187.

Jacobson v Massachusetts, 197 US 11 1905.

Center for Disease Control: Health department sites and governance. Available at https://www.cdc.gov/publichealthgateway/sitesgovernance/index.html. Accessed May 14, 2020.

Engel J, Lafronza V, Lurie N, et al.: Ready or not: Protecting the public from diseases, disasters, and bioterrorism. Available at www.tfah.org/report-details/readyornot2020. Accessed May 15, 2020.

Nicks D: The CDC has less power than you think. Available at https://time.com/3516827/cdc-constitution-quarantine/. Accessed May 15, 2020.

Rahman K, Ollstein A: How states are responding to coronavirus, in 7 maps. Available at https://www.politico.com/news/2020/03/24/coronavirus-state-response-maps-146144. Accessed June 19, 2020.

Zelizer J: Trump poses, while these governors actually lead. Available at https://www.cnn.com/2020/03/21/opinions/trump-governors-leadership-zelizer/index.html. Accessed June 19, 2020.

National governors association submits list of questions to trump administration on effective implementation of COVID-19 vaccine. 2020. Available at https://www.governor.ny.gov/news/national-governors-association-submits-list-questions-trump-administrationeffective. Accessed December 7, 2020.

Amid ongoing COVID-19 pandemic, Governor Cuomo, Governor Murphy, Governor Lamont, Governor Wolf, Governor Carney, Governor Raimondo & Governor Baker announce joint multi-state agreement to develop regional supply chain for PPE and medical equipment. 2020. Available at https://www.governor.ny.gov/news/amid-ongoing-covid-19-pandemic-governor-cuomo-governor-murphy-governor-lamont-governor-wolf. Accessed January 7, 2021.

Cook N, Diamond D: A Darwinian approach to federalism’: States confront new reality under trump. Available at https://www.politico.com/news/2020/03/31/governors-trump-coronavirus-156875. Accessed June 19, 2020.

Koh H: We need one response—not 50—to fight covid-19–STAT. Available at https://www.statnews.com/2020/05/22/we-need-oneresponse-to-fight-covid-19-not-50/. Accessed June 22, 2020.

Wallace-Wells D: Coronavirus PPE blocked from states because of white house. Available at https://nymag.com/intelligencer/2020/04/hospitals-face-a-white-house-blockade-for-coronavirus-ppe.html. Accessed June 22, 2020.

Axelrod T: San Francisco mayor says city’s PPE orders have been diverted, confiscated: It ‘blows My mind’. Available at https://www.msn.com/en-us/news/us/san-francisco-mayor-sayscitys-ppe-orders-have-been-diverted-confiscated-it-blows-my-mind/ar-BB13ajpo?ocid=st. Accessed June 22, 2020.

Reston M: Governors dispute trump’s claim that there’s enough coronavirus testing. Available at https://www.cnn.com/2020/04/19/politics/trump-governors-coronavirus-testing/index.html. Accessed May 15, 2020.

Wise A: DOJ would support legal action if governors’ restrictions go ‘too far,’ Barr says. Available at https://www.npr.org/sections/coronavirus-live-updates/2020/04/21/840262570/barr-open-to-legal-action-if-governors-restrictions-go-toofar?utm_campaign=storyshare&utm_source=twitter.com&utm_medium=social. Accessed June 22, 2020.

LeBlanc P: Pennsylvania politician, business ask US supreme court to lift governor’s coronavirus shutdown order. Available at https://www.cnn.com/2020/04/27/politics/pennsylvania-supremecourt-coronavirus-tom-wolf/index.html. Accessed June 22, 2020.

Wolf Z: There is a rebellion brewing and trump is egging it on. Available at https://www.cnn.com/2020/05/11/politics/what-mattersmay-11/index.html. Accessed August 31, 2020.

COVID-19 in Pennsylvania: Some pa. counties continue on path to defy governor’s orders. Available at https://6abc.com/covid-19-pennsylvania-coronavirus-pandemic-governor-tomwolf/6178855/. Accessed August 27, 2020.

Brownstein R: Coronavirus is dividing blue cities from their red states. Available at https://www.cnn.com/2020/03/31/politics/redstates-blue-cities-coronavirus/index.html. Accessed May 15, 2020.

Eggert D: Whitmer OKs nonessential health procedures, small gatherings. Available at https://apnews.com/e41b7262a821df206bed38ff3646ef80. Accessed June 22, 2020.

Burnett S: Michigan militia puts armed protest in the spotlight. Available at https://apnews.com/c04cc1df0c958053489bd24bb7fce93f. Accessed May 15, 2020.

Mascaro L, Taylor A: Maine senator to vice president pence: Failed COVID-19 testing is a ‘dereliction of duty’. Available at https://time.com/5823740/senators-pence-covid-19-testing-dereliction-of-duty/. Accessed May 15, 2020.

Egan L: Trump calls coronavirus democrats’ ‘new hoax’. Available at https://www.nbcnews.com/politics/donald-trump/trump-calls-coronavirus-democrats-new-hoax-n1145721. Accessed May 15, 2020.

Dershowitz A: Noncriminal behavior isn’t impeachable. Available at https://www.usatoday.com/story/opinion/todaysdebate/2020/01/30/alan-dershowitz-noncriminal-behavior-isnt-impeachable-editorialsdebates/2859607001/. Accessed May 15, 2020.

Frieden J: White house to replace HHS inspector. Available at https://www.medpagetoday.com/infectiousdisease/covid19/86282. Accessed May 15, 2020.

Preston P: Review: The commission by Philip Shenon. Available at https://www.theguardian.com/books/2008/mar/23/politics. Accessed May 15, 2020.

Weber P: Trump says disaster declarations in all 50 states means ‘We are winning’ the fight against the coronavirus. Available at https://theweek.com/speedreads/908412/trump-says-disaster-declarations-all-50-states-means-are-winning-fight-against-coronavirus. Accessed May 15, 2020.

Berthelsen C, Clukey K, Baker D: Governors team up to plan for reopening, rebuffing trump. Available at https://www.bloomberg.com/news/articles/2020-04-13/cuomo-says-governors-to-unveil-planto-coordinate-reopenings. Accessed May 15, 2020.

Fedor L, Zhange C: Most Americans trust governors over trump on reopening, poll shows. Available at https://www.ft.com/content/f1a86b43-391e-42bf-8686-d74d6433e336. Accessed May 15, 2020.

Rosenthal A: The Best Job in Politics: Exploring How Governors Succeed as Policy Leaders. Washington, DC: CQ Press, 2013.

Myers N: Pandemics and Polarization: Implications of Partisan Budgeting for Responding to Public Health Emergencies. Lexington: Lexington Books, 2019.

Knox CC: Analyzing after-action reports from hurricanes Andrew and Katrina: Repeated, modified, and newly created recommendations. J Emerg Manag. 2013; 11(2): 160-168.

Davies R, Vaughan E, Fraser G, et al.: Enhancing reporting of after action reviews of public health emergencies to strengthen preparedness: A literature review and methodology appraisal. Disaster Med Public Health Prep. 2019; 13(3): 618-625.

French PE, Raymond ES: Pandemic influenza planning: An extraordinary ethical dilemma for local government officials. Public Adm Rev. 2009; 69(5): 823-830.

French PE: Enhancing the legitimacy of local government pandemic influenza planning through transparency and public engagement. Public Adm Rev. 2011; 71(2): 253-264.

Zmerli S, Newton K: Social trust and attitudes toward democracy. Public Opin Q. 2008; 72(4): 706-724.

Wallace W, DeBalough F: Decision support systems for disaster management. Public Adm Rev. 1985; 45: 134-146.

Weichselgartner J: Disaster mitigation: The concept of vulnerability revisited. Disaster Prev Manag. 2001; 10(2): 85-95.

Kettl DF: Contingent coordination: Practical and theoretical puzzles for homeland security. Am Rev Public Adm. 2003; 33(3): 253-277.

Roberts PS: Dispersed federalism as a new regional governance for homeland security. Publius J Federal. 2007; 38(3): 416-443.

Schoch-Spana M, Brunson EK, Sell TK, et al.: A futuristic scenario for public health risk communicators. In The SPARS Pandemic. Baltimore, MD: Johns Hopkins Center for Health Security, 2017.

deLeon P: The Stages Approach to the Policy Process: What Has It Done? Where is It Going. Boulder, CO: Westview Press, 1999.

Cameron B, Katz R, Konyndyk J, et al.: A spreading plague: Lessons and recommendations for responding to a deliberate biological event. Available at https://www.nti.org/analysis/reports/spreading-plague-lessons-and-recommendations-responding-deliberate-biological-event/. Accessed July 31, 2019.

National Governors Association outlines need for ‘additional and immediate’ fiscal assistance to states – National Governors Association: Available at https://www.nga.org/news/press-releases/national-governors-association-outlines-need-for-additional-andimmediate-fiscal-assistance-to-states/. Accessed June 29, 2020.

Hogan L, Whitmer G: What governors need from Washington during this health emergency. Washington Post. Available at https://www.washingtonpost.com/opinions/2020/03/30/larry-hogangretchen-whitmer-what-governors-need-washington-during-thishealth-emergency/. Accessed June 29, 2020.

Mervosh S, Rogers K: Governors fight back against coronavirus chaos: ‘It’s like being on eBay with 50 other states’. Available at https://www.nytimes.com/2020/03/31/us/governors-trump-coronavirus.html. Accessed June 29, 2020.

Published

10/01/2021

How to Cite

Myers, PhD, N., and T. E. Thornton, PhD, MPPA. “Accountability, Polarization, and Federalism: Oversight During and After the COVID-19 Pandemic*”. Journal of Emergency Management, vol. 19, no. 7, Oct. 2021, pp. 49-58, doi:10.5055/jem.0613.