Does this require new legislation? Is it already within the scope of legal authority for a public health emergency?
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History nerd answer. America ignores the idea of a legal basis when it wants to.
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@KevinMKruse@Popehat care to weigh in?Thanks. Twitter will use this to make your timeline better. UndoUndo
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Not a lawyer, but this article makes it sound like there's a lot of authority without new legislation.https://www.lawfareblog.com/quarantine-power-primer-light-coronavirus-situation …
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Thank you, that's exactly the kind of explainer I was looking for
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Quarantines are legal in the US.
@NSLpodcast had an segment on a recent episode going over the law of quarantines: https://www.nationalsecuritylawpodcast.com/episode-153-this-podcast-has-all-the-elsas-but-no-eminem/ … -
And here's one of the hosts,
@BobbyChesney, in@Lawfare, surveying US quarantine law: https://www.lawfareblog.com/quarantine-power-primer-light-coronavirus-situation …
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The public health police power is essentially the zenith of authority in the US (see, e.g., CFNV v. Louisiana, Jacobson v. Massachusetts, etc). However, such authorities run through the states and not generally the federal government.
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I know you hate podcasts, but “All The President’s Lawyers” covered this at the start of the show this week. The part you are interested in was the first two minutes or so because there isn’t much to say
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