Quarantine Law: Constitutional & Practical Considerations

(118 Ratings)

Produced on: August 16, 2016

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 60 minutes
Difficulty Beginner

The 2014-2015 Ebola outbreak led to an increased focus on the quarantine policies and laws of the states and federal government in light of the large numbers of volunteer health care workers who traveled to West Africa to combat the epidemic and, upon their return, faced quarantines and other movement restrictions even when such restrictions were not scientifically justified. Individuals returning to the United States faced a patchwork of state laws and policies governing when and how quarantines might be imposed on them, leading to uncertainty over how such quarantines could be challenged. This program aims to provide an overview of states’ quarantine laws, which could come into play in future public health crises.

 

State laws and policies on public health quarantines vary in the procedural requirements they impose on a state, in the evidentiary showing that must be made to justify a quarantine, and in whether or not the state must guarantee adequate conditions during a quarantine, such as access to food. Additionally, any state quarantine law, policy, or practice must comport with constitutional due process requirements.

 

This course, presented by Esha Bhandari, Staff Attorney with the ACLU’s Speech, Privacy, and Technology Project, reviews the procedural and substantive laws governing state-imposed public health quarantines, identifying the most common types of legal requirements. The course also provides a constitutional framework for evaluating quarantine laws and policies, including the minimum standards that must be met before a state can quarantine an individual in the name of public health.

 

Learning Objectives:

I.      Identify typical state laws and policies governing public-health quarantines

II.     Gain a constitutional framework for evaluating state quarantine laws and policies

III.    Receive practical guidance on how to challenge an individual quarantine order

Faculty

Esha Bhandari

American Civil Liberties Union

Esha Bhandari is a Staff Attorney with the ACLU's Speech, Privacy and Technology Project, where she focuses on litigation and advocacy relating to online speech, academic freedom, privacy rights, and the impact of big data. Esha was previously an Equal Justice Works Fellow with the ACLU’s Immigrants’ Rights Project, where she was involved in litigating cases concerning a right to counsel in immigration proceedings, detainer policies, and discriminatory state and local laws. She has also been a staff attorney at the Center for Reproductive Rights, where she worked on two trials challenging a Texas law limiting women’s access to reproductive health care. Esha is a graduate of McGill University, the Columbia University Graduate School of Journalism, and Columbia Law School, and served as a law clerk to the Hon. Amalya L. Kearse of the U.S. Court of Appeals for the Second Circuit.

Reviews

GK
Geoffrey K.

The speaker made a very organized and effective presentation.

GJ
George J.

The discussion of need for new state laws was especially appropriate.

JD
John D.

The lecturer was knowledgeable and provided a good presentation of the material.

CB
Craig B.

Well organized presentation.

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