DU lawyers

[malaise]

Does the Con have any authority to quarantine a single state?

[Gothmog]

1. I do not think so

[Zoonart]

2. Just a guess...

he might have to declare Marshall law to do this. He would need the National Guard or the Army to enforce.

Again... not a lawyer.

[elleng]

5. 'Martial law is the imposition of direct military control of normal civilian functions

by a government, especially in response to a temporary emergency such as invasion or major disaster, or in an occupied territory.'

https://en.wikipedia.org/wiki/Martial_law

[Zoonart]

8. Is freedom to travel not normal civilian function?

Is this not a temporary emergency?
Just guessing here.

[DonaldsRump]

3. between states, yes

within a state, that's a state/local matter. At least that's the way I read this from cdc:

https://www.cdc.gov/quarantine/aboutlawsregulationsquarantineisolation.html

[dalton99a]

4. CDC says yes:

https://www.cdc.gov/quarantine/aboutlawsregulationsquarantineisolation.html

The federal government

Acts to prevent the entry of communicable diseases into the United States. Quarantine and isolation may be used at U.S. ports of entry.
Is authorized to take measures to prevent the spread of communicable diseases between states.
May accept state and local assistance in enforcing federal quarantine.
May assist state and local authorities in preventing the spread of communicable diseases.

[TheBlackAdder]

6. NY, NJ & CT are hunkered down, but we are high density states with a fuck ton of firearms.

[In_The_Wind]

9. Way past time to oil my gun.

I haven't loaded or shot it in years.

Hope it doesn't come to that.

I have a carrying permit but the gun and I are staying home.

[Brainfodder]

7. Logistics issues would be a dark comedy, like the rest of.....?

Michigan or New York, oh why not both, super assholian god of orange tan creme!

Get almost no votes outside of any family that survives on 11.3.2020 and suspect even those won't be a lock by then, if you aint locked up or worse?

[MineralMan]

10. Probably in a declared emergency.

However he has no means to enforce such a thing. Too many roads linking states. It would be impossible to block them all. Even the states couldn't do it if they wanted to, really.

He could issue an order, which would be ignored by anyone who wanted to ignore it. On the other hand, if you drove into some state with NY plates on your car, you might find yourself pulled over by some local cop.

I don't think he'll try it, frankly.

[Shermann]

11. The pundits seem divided on it

Which means, given the chaos, YES

[Progressive Law]

12. Jacobson v. Massachusetts (1905) suggests that single state quarantine might be Constitutional

In Jacobson v. Massachusetts (1905) Justice John Marshall Harlan wrote for a 7-2 majority, “[The Constitution] does not import an absolute right in each person to be, at all times and in all circumstances, wholly freed from restraint.” Instead, “a community has the right to protect itself against an epidemic.” Its members “may at times, under the pressure of great dangers, be subjected to such restraint, to be enforced by reasonable regulations, as the safety of the general public may demand.”

https://supreme.justia.com/cases/federal/us/197/11/

[malaise]

16. Thanks

[Gothmog]

13. From Prof. Tribe

Link to tweet

[malaise]

14. Thanks

That is what I wanted to see

[COLGATE4]

15. Very doubtful

[old guy]

17. Doesn't really matter if it's legal or not.

He will do whatever he wants and who will stop him? Ultimately it comes down to the Supreme Court and I can tell you that vote now.
5 to 4 for tRump.