September 2020 Bar Bulletin
By Marc Stern
As Americans, we are privileged to live in a free and open society. The Constitution guarantees our rights. However, “the Constitution is not ‘a suicide pact.’”2 Sheriffs, clergy and others claim a constitutional right to ignore stay at home orders, go unmasked, and gather in large groups. These claims are patently ridiculous. Public health is a primary reason for the formation of government. This article explores the legal basis of the government’s right to order quarantine as part of its inherent police power to act for the greater public good.
The concept of isolation to avoid spread of disease...