Quarantines

2.2.1.  What is quarantine?  Quarantine is the precautionary act of confining a person or oneself in an effort to prevent disease from spreading.  If someone is sick, they should be isolated, which is different than quarantine.

2.2.2.  Are mandatory quarantines legal?  The CDC claims the federal government “derives its authority for isolation and quarantine from the Commerce Clause of the U.S. Constitution.”  The Commerce Clause grants Congress the power “to regulate commerce with foreign nations, and among the several states.”  The Public Health Service Act delineates the federal government’s authority to quarantine individuals coming into the country or traveling between the states.  While the CDC can make recommendations, the federal government does not have the authority to order “intrastate or interstate quarantine of individuals en masse.“

2.2.3.  Are quarantines effective?  Evidence suggests that quarantines in and of themselves are effective at slowing the spread of disease, including COVID-19.