Last edited Fri Apr 17, 2020, 07:06 PM - Edit history (1)
In general quarantine/isolation falls under the powers relegated under the police powers of the state in accordance with state constructions and the 10th Amendment of the Constitution.
However, under the Interstate Commerce Clause the feds could likely order some form of quarantine /isolation of travelers between states. This would require rapid testing and extensive tracing of potential exposure, which the states will probably start. They would not be able to exclude the CDC and PHS from acquiring this info.
Also, the executive under the PHS laws, and in conjunction with various other Presidential and federal powers, has the ability to assist the state if the governors request it. The Executive Branch may also order reestablishment of quarantine/isolation of individuals determined to have the disease or been exposed to it. This can be done during a highly contagious epidemic, as declared by Executive Order, and with a determination by the head of the CDC that the state is failing to properly and appropriately deal with the epidemic,
This was analyzed by the CRS in 2014 (IIRC). I reviewed it shortly after it was published. It is their research and analysis of the law as it not necessarily a definitive statement of the state of law.
Most all of the issues above would be subject to court review. Historically the courts have given great deference to the analysis and actions of the Executive Branch, unless explicitly forbidden by a relevant law.
But then again, although an epidemic it can be argued there has never truly been a situation exactly like this before. An appellate court would likely suspend at least portions of any lower court restraining order.
Once more we would likely end up waiting for the Supreme Court to rule. With probable delays it would probably be moot by that time.
Big problem is that it involves executive powers, and the members of the Court have leanings on that topic.
Hopefully, Trump’s explicit delegation of power to the governors to determine opening of their state will negate some of the above. That would probably require an analysis of all his statements including his threat to step in if they determine that lifting restrictions is inappropriate.
Note: Quarantine involves exposed individuals
Isolation involves those with the disease
Sorry for the length (seems to have happened several times recently). Just trying to add some thoughts on the issue. Please take it for what’s it’s worth based on your own analysis of the matter and accept that it is offered in good faith.
Edited to correct date of CRS Report from 2018 to 2014
= new reply since forum marked as read
That was outstanding and someone had to say it!!
