Wednesday, July 15, 2020

State and Federal Responsibilities For Public Health, Part I

Over the course of the summer we will be posting on Public Health law and history.
There seems to be some misunderstanding and/or misperceptions of where authority and responsibility reside in the area of public health.

This is probably due to the massive decline in the study of civics in K - 12 education combined with willful ignorance and outright gaslighting.
(pro tip: whenever you see the term gaslighting, read it as "Lying to your face")

This first post is some background information from the Congressional Research Service:

Federal and State Quarantine and Isolation Authority  
October 9, 2014

Summary 
In the wake of increasing fears about the spread of highly contagious diseases, federal, state, and local governments have become increasingly aware of the need for a comprehensive public health response to such events. An effective response could include the quarantine of persons exposed to infectious biological agents that are naturally occurring or released during a terrorist attack, the isolation of infected persons, and the quarantine of certain cities or neighborhoods.

The public health authority of the states derives from the police powers granted by their constitutions and reserved to them by the Tenth Amendment to the U.S. Constitution. The authority of the federal government to prescribe quarantine and other health measures is based on the Commerce Clause, which gives Congress exclusive authority to regulate interstate and foreign commerce.

Thus, state and local governments have the primary authority to control the spread of dangerous diseases within their jurisdictions, and the federal government has authority to quarantine and impose other health measures to prevent the spread of diseases from foreign countries and between states. In addition, the federal government may assist state efforts to prevent the spread of communicable diseases if requested by a state or if state efforts are inadequate to halt the spread of disease.

This report provides an overview of federal and state public health laws as they relate to the quarantine and isolation of individuals and a discussion of constitutional issues that may be raised should individual liberties be restricted in a quarantine or isolation situation.

Introduction 
In the event of a biological attack or the introduction of a highly contagious disease affecting the public, the U.S. health system may take measures to prevent those people infected with or exposed to a disease or a disease-causing biological agent from infecting others. The terms used to describe these measures, quarantine and isolation, generally apply to distinct groups of persons but are often used interchangeably. Quarantine typically refers to the “(s)eparation of individuals who have been exposed to an infection but are not yet ill from others who have not been exposed to the transmissible infection.”1 In contrast, isolation refers to the “(s)eparation of infected individuals from those who are not infected.”2

Varying degrees of quarantine exist, and the authority to order quarantine or isolation is generally very broad. Primary quarantine authority typically resides with state health departments and health officials; however, the federal government has jurisdiction over interstate and foreign quarantine. In addition, the federal government may assist with or take over the management of an intrastate incident if requested by a state or if the federal government determines local efforts are inadequate.3

The variety of potential responses—from federal, state, and local authorities—implicates a number of legal issues. Namely, who is responsible for preventing an outbreak of the disease; and precisely what may be done? This report will examine federal and state authority to impose quarantine and isolation measures in order to prevent the spread of infectious disease.4
....MUCH MORE (14 page PDF)

More to come.