Federal Quarantine Powers and Bioterrorism

[Paul Finkelman]

The question is, would Justices Thomas and Scalia find that microbes and viruses
affect  interstate commerce?

--
Prof. Paul Finkelman
Visiting at Northwestern School of Law of Lewis & Clark College
July 5-August 3, 2000
10015 SW Terwilliger Blvd.
Portland, OR  97219
(503) 768-6863
(503) 768-6671 (fax)
finkelma at lclark.edu
After August 3, University of Tulsa (918) 631-3706



"Richards, Edward P." wrote:

> Hi,
>
> Just got back from speaking and attending the International Conference on
> Emerging Infectious Diseases the CDC put on in Atlanta.  Lots of interesting
> research.  The hot button issue of the conference was bioterrorism and the
> potential federal and state responses.
>
> One point that intrigued me - the CDC is working on a policy statement about
> quarantine (of people) under Federal law.  The director of the project (not a
> lawyer) told the audience that the FDA has the power to quarantine and block the
> interstate travel of people with communicable diseases.
>
> Any one know about the extent of this power?  Is there a more general power of
> the federal government to quarantine individuals, other than those getting off
> ships? Must the individuals be in interstate travel, or could the feds
> quarantine on a local level?
>
> Ed
>
> Edward P. Richards
> Executive Director - Center for Public Health Law
> Professor of Law
> University of Missouri Kansas City
> (816)235-2370 Fax (816)235-5276
> richardse at umkc.edu
> http://plague.law.umkc.edu