Here’s the regulation governing the federal government’s domestic quarantine authority—42 C.F.R. § 70.6:
law.cornell.edu/cfr/text/42/70…
It doesn’t obviously authorize a state-wide federal quarantine—note the focus on quarantining an “individual” who is infected.
But ...
(cont’d)
law.cornell.edu/cfr/text/42/70…
It doesn’t obviously authorize a state-wide federal quarantine—note the focus on quarantining an “individual” who is infected.
But ...
(cont’d)
If quarantining an entire state is the only way the government can prevent those within that state from spreading the disease to those outside, it’s a non-frivolous interpretation of § 70.6(a)(2).
Note, though, how that reading depends upon the absence of less restrictive means.
Note, though, how that reading depends upon the absence of less restrictive means.
If we were better prepared for this—or were in a better position to conduct comprehensive surveillance testing—there’d be even less of an argument for this kind of measure. The irony of the slow federal response is how it could help justify *more* restrictive measures now.
/end
/end
