Apr 012020
 April 1, 2020  Posted by  Court, Featured News

John Wesley Hall writes:

Is a government quarantine order for a person or group of people a violation of the Fourth Amendment as a reasonable seizure? Despite being an ardent civil libertarian, I must conclude the Constitution means: No.

Protection from infectious diseases has long been a subject of the law. Quarantines were recognized at common law, and the Supreme Court’s cases from 1824 on have all assumed a legitimate public health quarantine is within the power of state and local government under the Commerce Clause.

But what about the Fourth Amendment? Common law can direct the reasonableness inquiry under the Fourth Amendment.

Read more on The Fourth Amendment.

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