• Is Forced Quarantine for Ebola Legal?

    October 27, 2014 // 1 Comment »




    New York and New Jersey this week instituted mandatory confinement for certain people exposed to ebola. Illinois announced its own mandatory quarantine, and Florida has instituted a home-quarantine version.

    Is it legal for a state (or the federal) government to detain and quarantine you against your will for health reasons? Yes. Has this sort of thing been done before? Yes. Will it be effective? No. Is it just a political ploy to garner votes from a panicked public? Oh my yes.



    Is it legal for a state (or the federal) government to detain and quarantine you against your will for health reasons?

    Yes. The federal government derives its authority for isolation and quarantine from the Commerce Clause of the Constitution. Under the Public Health Service Act, the Secretary of Health and Human Services is authorized to take measures to prevent the entry and spread of communicable diseases.

    The authority for carrying out these measures is been delegated to the Centers for Disease Control and Prevention (CDC). Under 42 Code of Federal Regulations parts 70 and 71, CDC is authorized to apprehend, detain, and examine people arriving to the United States and traveling between states who are suspected of carrying communicable diseases.

    Though the paranoid-a-sphere rediscovers these provisions on a regular basis and makes much of them, the basic idea of the government forcibly quarantining people for the sake of public health goes back into the 19th century.

    That said, the power to detain and quarantine often is left to the states, and both New York and New Jersey law provide for it. New York allows the decision to be challenged in a magistrate court; New Jersey does not have a similar law, though technically any form of detention can be broadly challenged under habeas corpus. But good luck with that– the Florida Supreme Court laid down the precedent in saying “The constitutional guarantees of life, liberty and property, of which a person cannot be deprived without due process of law, do not limit the exercise of the police power of the State to preserve the public health so long as that power is reasonably and fairly exercised and not abused.”



    Has this sort of thing been done before?

    Yes. The Florida precedent case cited above dealt with forced quarantine of a tuberculous patient in 1952.

    Just recently in Dallas, Texas, after her boyfriend was diagnosed as the first ebola case in the United States, Louise Troh and her family were asked not to leave their home. When Troh tried to leave anyway, a Dallas judge issued a confinement order, forcing a quarantine on Troh and her family. Police stationed outside of the family’s home enforced the order.

    In 2007, a 27-year-old man was forcibly placed in a Phoenix hospital ward reserved for sick prisoners. The man suffered from a deadly strain of tuberculosis known as XDR-TB. Doctors say he is virtually untreatable. He has been forced to live in a hospital cell in complete isolation.

    Though never implemented, in 1985 at the height of the HIV/AIDS epidemic, a majority of Americans favored quarantine of patients, with 48 percent approving of identity cards for those who tested HIV-positive, and 15 percent of Americans even supporting tattooing those with AIDS to mark them as “dangerous.”

    Further back in America’s history are multiple examples of forced quarantine, including Hawaiian leper colonies, and the isolated TB wards and Ellis Island medical isolations of the 19th century.

    The record is not pretty, but the record exists.



    Will it be effective for ebola?

    No. The New York and New Jersey quarantine laws at present only apply to a) health care workers b) returning from African “hot zone” countries through c) only two airports, JFK and Newark who d) had contact with ebola. That’s a very select group, chosen largely because New York’s sole ebola patient fit that exact profile. Persons such as regular travelers who fit the same profile,or persons who just flew internationally with the profiled individuals, are not included.

    In addition, the New York and New Jersey plans seem to rely 100 percent on individuals who fit the profile self-identifying themselves for the mandatory quarantine. Anyone who wished to avoid it, especially a health professional who knew s/he was not an active carrier based on clearly identifiable and well-known symptoms such as a high fever, could just dummy up at the airport. Alternately, s/he could route flights to land somewhere else and take the bus home to Manhattan.

    What does happen when a healthcare worker enters this quarantine system? There is only one example in New Jersey so far, and it is not a pretty one. Kaci Hickox, returning from volunteer work in Sierra Leone, was detained against her will for seven hours at Newark Liberty International Airport on Friday before being forcibly transferred to a local hospital, escorted by eight police cars, where she will be held for an unspecified period of time. Hickox did not have a fever when brought to the hospital and has tested negative for ebola, yet is inside the system now and those things do not appear to matter.

    Quarantining actually infectious people, who may indeed be a danger to public health is one thing. But like taking off our shoes and other security theatre that followed 9/11, the quarantine plan seems designed more for show than any hint of practicality.



    Is it just a political ploy to garner votes from a panicked public?

    Oh my yes. All of the state governors who pushed the plan through without the endorsement of the CDC or New York’s mayor are in election battles. The governors of New York, Illinois and Florida are up for reelection in about a week, and New Jersey governor Chris Christie is famously testing the waters for a possible 2016 presidential run. New York’s mayor is not up for reelection for years.

    Fear-mongering works; ask any politician who has beaten the drum of “9/11, 9/11, 9/11” since, well, 9/11. People are scared, mostly based on ignorance fanned by media who themselves seek to profit from fear.

    That sort of disease seems more dangerous in the long run than a handful of ebola patients.




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    Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.

    Posted in Democracy, Post-Constitution America

    Republicans Welcome Ebola (Satire)

    October 25, 2014 // 6 Comments »

    ebola-cnn


    Giggling, the Chairperson of the Republican Party could barely contain himself when he learned a major hurricane was headed for the east coast of the United States. “Can anyone tell me if it’ll hit any blue states hard? We can always use some extra help I guess, but with ISIS and ebola, maybe that would be piling on. We live in great times.”

    Documents show that the entire Republican midterm strategy is based on creating a perfect storm of fear in the U.S., combining over-reaction and panic over ISIS with growing fears of an apocalyptic ebola epidemic sweeping through the nation’s gun shows. “Friends,” the chair continued, “This could be like the election after Watergate, when the Dems could have run nearly anyone, even a nut job like Jimmy ‘James’ Carter, and won. We just need to tie Obama a little bit more directly to the ebola thing and we are in, control of the Senate.” The chair actually lit a comically large Cuban cigar at that point.

    According to leaked documents left at a Chili’s by Edward Snowden while changing planes in Atlanta enroute from Moscow to a vacation villa outside Vladivostok, the initial Republican plan was to convince its base that ISIS operatives were everywhere. “The party must let every voter know that ISIS is dressed as terrifying clowns out there and plans to eat their dogs and behead their fat kids. That will be a money shot for November.”

    But as confident as the Republicans were after encouraging Fox, then CNN and then Cartoon Network to run ISIS beheading videos 24/7 as part of the plan, even their senior leaders admit ebola was a surprise gift. “Think about it. Unlike terrorism, which has basically killed no one in the U.S. since 9/11 but still controls our daily lives, ebola is an actual thing. We don’t even have to make this one up. And, and this is the best part of all, it comes from Africa, er, you know, um, from “not white people” which speaks to our Red State voters’ most cherished beliefs. And two boneheaded nurses in Dallas can’t remember enough high school biology to even wash their hands, followed by the CDC– Obama’s CDC– telling one of them it was OK to fly. And then– praise Saint Reagan in heaven– she flew to Cleveland, in Ohio, a major contested state. It writes itself: Obama is trying to kill Ohio. Our guys are already ordering furniture for their new Senate office spaces.”

    “More? Obama appoints some guy as ‘Ebola Czar” who has no medical experience. What, was Dr. Oz not taking calls? Yeppers, nothing inspires people to have faith in their leaders like choosing a bureaucrat they never heard of to save their very lives. And that bit about Secretary of State Kerry having to get involved in trying to get Belize to allow our ‘Ebola Cruise Ship’ permission to dock, and then failing? Right again, seeing old Mr. Muppet stumble makes our lives here in the Republican party easier and easier. That stuff screams incompetence. Heck, we should have carpet bombed Belize in retaliation.”

    “Travel ban from Africa?” said the chairman. “Yeah, we talk a tough game but we’d be opposed to marshmallows and hot chocolate if the Democrats came out in favor. No, no, no, we don’t want a travel plan. Bring us a bunch of infected Liberians. If say a couple of thousand American get sick with the ebola, 99 percent of healthy America votes for us, fish in a barrel. Maybe we’ll get some redneck to hold a benefit concert or whatever.”

    “Am I cynical? I don’t even know the meaning of that word. Fear is our best business tool, and friends, business is good. I’m seeing us ride this wave of paranoia and hysteria all the way!”



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    Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.

    Posted in Democracy, Post-Constitution America

    Obama Orders Airstrikes on Ebola (Satire)

    October 18, 2014 // 8 Comments »




    “The time has come to act,” said President Obama today after previously asserting robustly that it was previously not the time to act. “And so, I have ordered airstrikes commencing immediately on ebola. We won’t stop until we have degraded, some other d-word I forgot and ultimately destroyed ebola.”

    A White House source named Susan Rice, who asked not to be named because everytime she speaks on the record bad things happen to her, told members of the press Obama made the decision after conferring long into the night with his closest advisor, himself. “Barack told me that when times are tough you go with what you know, and for every crisis since near day one of this presidency, when something went wrong overseas our go-to response has been airstrikes. Libya, Iraq, Syria, wherever. OK, maybe not Benghazi. So, once we saw this piece last night on Colbert saying ebola was sort of a problem, the president ordered the attacks.”

    “Not a big deal anymore really, we have an online form for it now he just fills out. Hit submit and boom, death from above b*itches! God I love it so!” said Ambassador Rice, drooling, as she was led from the room to be put down.

    When asked how airstrikes would be able to defeat a virus, a White House spokesperson was quick to respond “Why’d you even ask that question– don’t you support the troops? We have been using airstrikes to defeat an idea, terrorism, and that’s worked out. I am told by experts– top men– that a virus is actually physically larger than an idea, so this should be a walk in the park for our brave military personnel.”

    Other measures the president has undertaken include carpet bombing the city of Dallas, where America’s two indigenous ebola cases began. “At first I was kinda worried about dropping napalm on American folks,” said the president in an exclusive interview with New York Times columnist Thomas Friedman, who repeatedly licked the soles of the chief executive’s feet during the session. “But you know, pretty much no other folks outside Texas give a crap what happens to Texas folks, so it seems to have worked out. And it’s not like the state was going to vote Democrat anyway.” Obama pointed to his own eyes, then out the window, saying aloud “I’m watching you Missouri. Clean up that Ferguson thing or we just might find us some ebola in the ash tray of your car and have to clean it up with a couple of smart bombs, ya’ hear?”

    Several doctors contacted for comment expressed skepticism about the president’s plan to bomb ebola, but admitted if they could not get their own professional health staff to wash their hands and stop getting on airplanes after caring for infected patients, well, why not try it his way.

    Military leaders, reached in bunkers just outside Baghdad where they were placing bets on whether they would die next week at the hands of an ISIS assault or the Iraqi Army mishandling its own weapons, simply sighed and reminded this reporter that “when that ebola thing goes south like this stupid motherf*cker of a war will, don’t you blame us.”

    The ebola virus was last seen dancing a merry jig, laughing to itself about how easy it was to draw the U.S. deeper into its quagmire. “Excellent, excellent,” it was heard to mutter.



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    Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.

    Posted in Democracy, Post-Constitution America