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https://www.nytimes.com/2020/03/12/us/coronavirus-quarantine-questions.html https://www.nytimes.com/2020/03/12/us/coronavirus-quarantine... > The C.D.C. rewrot
by jumelles 7y ago
https://www.nytimes.com/2020/03/12/us/coronavirus-quarantine-questions.html https://www.nytimes.com/2020/03/12/us/coronavirus-quarantine...
> The C.D.C. rewrote its quarantine guidelines in 2017 and they have never been tested in court. The Supreme Court has also never dealt with an infectious disease quarantine case, [Lawrence O. Gostin, a professor at Georgetown University Law School who specializes in public health law] said.
- jandrewrogers 7y agoFreedom of travel, upon which quarantine rests, has been thoroughly adjudicated in diverse public safety contexts. It is unlikely that the court will deviate dramatically in this specific case from centuries of precedent regarding restrictions on travel relating to public safety. The CDC's guidelines may be new but not unprecedented. The outliers where the courts allowed the kind of special reasoning being proposed here, which has happened on occasion, have almost universally enabled shameful chapters in American history e.g. Japanese internment. Courts are understandably reluctant to allow this kind of expedient violation of Constitutional rights.
- mturmon 7y agoRelatedly, the Supreme Court has suspended sessions that have oral arguments, starting today: https://www.supremecourt.gov/publicinfo/press/pressreleases/pr_03-16-20 https://www.supremecourt.gov/publicinfo/press/pressreleases/... “The Court’s postponement of argument sessions in light of public health concerns is not unprecedented. The Court postponed scheduled arguments for October 1918 in response to the Spanish flu epidemic. The Court also shortened its argument calendars in August 1793 and August 1798 in response to yellow fever outbreaks.”