Coronavirus, The Law, and Limits of Quarantine

Authority to order a national lockdown and place states under quarantine

As coronavirus cases sweep across the nation, governments have enforced quarantine orders and travel bans on an unprecedented scale. Yet, the number of cases and deaths continues to rise. Although isolation and quarantine orders have been less common in recent decades, these orders, along with travel bans, are usually the first efforts taken to combat new infectious diseases.

Legal regulations of quarantine enforcement

Under United States law, “quarantine” typically refers to the separation of communities and persons who have been exposed to or are infected with a communicable disease (Parmet). 

Why government can legally enforce a quarantine order:

• The federal government, can impose quarantines under the Public Health Service Act for two main reasons: to prevent the spread of communicable disease into the United States or between states (Macfarquhar).
• Section 361 of the Public Health Service Act grants the Surgeon General the power (since delegated to the Centers for Disease Control and Prevention [CDC]) to apprehend, detain, or issue a conditional release for the purpose of preventing the introduction into the country, or the spread across state lines, of a quarantinable disease (Parmet).
• States’ possess broad “police powers” to protect public health that came before the Constitution, granting them the authority to order quarantines to prevent the spread of communicable diseases (Chemerinsky).

Quarantine laws use the coercive power of the state to mandate that people have to stay confined, even if it is in their own homes (Macfarquhar). Although other countries have imposed draconian restrictions to enforce quarantines, ignoring the rule in the US could mean fines or jail time.

When will the lockdown end?

No one really knows for sure. Worldwide we are facing an unprecidented situation. COVID-19 continues to spread with more cases increasing the public health emergency.

Previously, President Trump has said he would like to reopen the country by Easter, then later changed the date to May 1 (Baker). Despite these predictions, Federal guidelines recommend phased reopenings depending on case levels and hospital capacity. 

What now?

For many people, quarantine has been a shocking and eye-opening experience, forcing them to introduce themselves to a more simplistic way of life. The most important thing to do at this time is to continue to abide regulations and protect our health. I believe it is safe to say that once we see a decline in the viruses spread, business will begin to reopen, but life may not return to normal. Flattening the curve — slowing the spread of Covid-19 across space and time — is critical (Parmet). If we cannot combat the devastating effects of COVID-19, human interaction will continue to happen from a social distance.