“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.” -First Amendment to the Constitution
New York Gov. Andrew Cuomo (D) announced on Tuesday that the state would create a “containment area” in the city of New Rochelle, hoping to contain the spread of Covid-19, the coronavirus disease. The epicenter of this area is a synagogue believed to be connected to several cases of the disease. For now, the state plans to close gathering spaces near the synagogue.
It is unclear if New York or some other state will resort to more serious measures, such as mandatory quarantines. But can the government quarantine someone against their will?
The short answer is probably “yes.”
The federal government also has some power to apprehend individuals who may be infected with a communicable disease that could trigger a public health emergency, but this power is largely restricted to those entering the country or crossing a state border.
The Constitution prohibits both federal and state governments from denying anyone “life, liberty, or property, without due process of law.”
But the contours of this right to “due process” is not particularly well defined, at least in the context of quarantines.
Welcome to a fairy tale world folks;
“When I use a word,” Humpty Dumpty said, in rather a scornful tone, “it means just what I choose it to mean—neither more nor less.” “The question is,” said Alice, “whether you can make words mean so many different things.” “The question is,” said Humpty Dumpty, “which is to be master—that’s all.” –Lewis Carroll “Alice through the looking glass”