Abstract
The recent Ebola threat from western Africa raised unanswered questions about the scope of the U.S. federal government’s quarantine authority. For decades, a widespread assumption has existed that states have absolute control over quarantines imposed within their boundaries. This article suggests that the presumption of limited federal authority is overly restrictive and not constitutionally mandated. The history of the “shotgun quarantines” imposed during the yellow fever epidemics of the late 19th and early 20th centuries offers an alternative constitutional interpretation. This fascinating but previously untold account reveals that leading politicians of the day believed the federal government had a broad constitutional authority. The human suffering and disruption to commerce caused by the local shotgun quarantine led the South to implore Congress for legislation to remedy it – the only significant instance in which the post-Civil War South united in favor of ceding state’s rights to the federal government. The controversy faded as effective measures against yellow fever were found, only to emerge again when Ebola confronted public health policy makers a century later. Because Congress never acted, we have largely forgotten the history of these legal debates over interstate quarantine authority. In recovering that history, this Article offers a new perspective on how to manage public health crises in our federal system. The need for regulatory standards that could preempt an unnecessary, parochial local quarantine requires Congress to act.
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.