General Discussion

branford

(4,462 posts)

5. You keep on repeatedly stating that it's clear she'll win in court, but that does not make it so.

Wed Oct 29, 2014, 08:10 PM

Oct 2014

Under their policing powers, states have a great deal of discretion in dealing with potentially communicable diseases and quarantines have be instituted numerous time in our history. Moreover, those who are asymptomatic, but still at risk, are often quarantined to prevent the spread of an illness. Courts are generally very deferential to authorities in matters of public health.

I'm an attorney, and read numerous scholarly articles concerning whether Ms. Hickox will prevail in court. The opinions are mixed, but many are unfavorable to her position. Other than trite conclusory statements, would you care to provide some actual legal analysis?

Edit history

Please sign in to view edit histories.

Recommendations

0 members have recommended this reply (displayed in chronological order):

36 replies

= new reply since forum marked as read

Highlight:

If they can quarantine a visibly healthy nurse with no sign or [View all] malaise Oct 2014 OP

Ultimately, no they cannot. She will win this battle. morningfog Oct 2014 #1

I hope so malaise Oct 2014 #2

You keep on repeatedly stating that it's clear she'll win in court, but that does not make it so. branford Oct 2014 #5

On due process and equal protection, she'll win. morningfog Oct 2014 #8

Im not a lawyer, but what about this Travis_0004 Oct 2014 #11

What part of 'with' do I not understand? GeorgeGist Oct 2014 #13

The provision is of little value without the implementing regulations branford Oct 2014 #16

That's why Kaci Hickox is such a brave woman Warpy Oct 2014 #3

Exactly! Thank you for this. Your post is better worded than my similar one earlier. uppityperson Oct 2014 #4

Same crap rational used to confine Japanese citizens in WWII. NutmegYankee Oct 2014 #6

Not really, and if you recall, the Supreme Court upheld the constitutionality of the internment. branford Oct 2014 #17

The court at the time upheld the internment. NutmegYankee Oct 2014 #30

You may want to have a look at this little gem Skidmore Oct 2014 #7

Life as we knew it malaise Oct 2014 #10

Good god. woo me with science Oct 2014 #27

They'll haul your ass off while saying, "You look a little peaked this morning." Major Hogwash Oct 2014 #9

Reminds me of when the Soviets CanonRay Oct 2014 #12

That's what "quarantine" is. Spider Jerusalem Oct 2014 #14

How close are we to "You look African, so you and your family are quarantined." nt kelliekat44 Oct 2014 #15

Not even remotely close, and the hyperbole is unhelpful to the discussion. branford Oct 2014 #19

Ebola does not care but the public does. Quick search gives me these incidents.... uppityperson Oct 2014 #22

Anecdotes are not data or proof of pervasive trends. branford Oct 2014 #23

Since Obama is from Kenya, we've already crossed that line a looooonnnngggg time ago!!! Major Hogwash Oct 2014 #29

This is how we have the NSA spying on us now. cwydro Oct 2014 #18

my god. we fuckin went thru this stupid with tsa nad patriot. we were fcukin cowards. i stopped seabeyond Oct 2014 #20

Since when do public health officials not have the right to quarantine? LostInAnomie Oct 2014 #21

they have a right to quarantine, but it must be based on medical science, not political polls magical thyme Oct 2014 #24

I don't see anybody on DU really looking into the laws treestar Oct 2014 #25

I did, and the science doesn't. magical thyme Oct 2014 #34

So you didn't feel like looking at the laws treestar Oct 2014 #35

I relied on a civil rights lawyer, who did look at the laws. magical thyme Oct 2014 #36

Fear is the fastest way to lose freedom... vicdoc Oct 2014 #26

Good post malaise Oct 2014 #31

We are nothing more than a society that answers TO, works FOR, and gets punished BY a government. cherokeeprogressive Oct 2014 #28

So you are wishing that they would violate an entirely different set of rights... Oktober Oct 2014 #32

Do I sense a panic of gov't taking away freedoms?? boston bean Oct 2014 #33