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In reply to the discussion: Kaci Hickox Won't Follow Maine Ebola Quarantine Rule, Lawyer Says [View all]seabeckind
(1,957 posts)IS due process.
Without the judge it is NOT due process.
Now do you understand the comment?
As I said, we were very upset when Bush ordered the renditioning of US citizens without the issuance of a warrant. What is different in this case?
Christie took a citizen on US soil and incarcerated her against her will even tho she was asymptomatic. He did this by executive order. There was no judge, no hearing. He dropped that crazy idea as soon as an attorney showed up. Having the ACLU watching closely didn't help his position much.
If there is an "overriding state interest" it shouldn't be too hard to get a court order, would it? But the fact that she has not tested positive for the virus sure leaves a lot of the overriding out of it, doesn't it?
Maybe this might be a good spot for this:
"The right of the people to be secure in their persons, houses, papers, and effects,[a] against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."