Re:New York Governor announces 100% workforce reduction for ...
by whateveracct on Friday March 20, 2020 @12:37PM
(#22638951)
Doing that in the US is a Supreme Court case waiting to happen.
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Re:New York Governor announces 100% workforce reduction for ...
by volkl48 on Friday March 20, 2020 @12:47PM
(#22639035)
The Supreme Court (and other courts) have held mandatory quarantines to be legal, including of entire areas and not just persons known to be infected.
It would logically follow that if the quarantine is legal, penalties for violating it are also legal.
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Most of those cases are quite old, but they're still the ruling precedent on the topic as far as my (limited) knowledge goes.
For one that went to the Supreme Court in 1902 and continues to be cited:
Compagnie Francaise de Navigation a Vapeur v. Louisiana Board of Health
https://en.wikipedia.org/wiki/Compagnie_Francaise_de_Navigat...
Re:New York Governor announces 100% workforce reduction for ...
by ryandrake on Friday March 20, 2020 @02:18PM
(#22639947)
If enforcement action happens now, we'll still have a functional Supreme Court around in a year in order to debate it.
Re:New York Governor announces 100% workforce reduction for ...
by lm28469 on Friday March 20, 2020 @12:43PM
(#22638994)
Maybe, let's see how it works out. I have no skin in this game. Numbers will talk in the next weeks and months, in the meantime all I can say is that I'm glad I'm not in the US right now.
Re:New York Governor announces 100% workforce reduction for ...
by CydeWeys on Friday March 20, 2020 @01:18PM
(#22639360)
Doubt it, and in any case, that would be years down the line. It wouldn't help you one whit if you've got police ordering you back into your house now.
Which might be reasonable if there are flagrant violators and things continue to get worse.
Re:New York Governor announces 100% workforce reduction for ...
by vel0city on Friday March 20, 2020 @12:41PM
(#22638984)
States have pretty broad police powers especially in times of crisis. It wouldn't surprise me to see the 10th Amendment apply to the state action of enforcing massive quarantines.
Re:New York Governor announces 100% workforce reduction for ...
by whateveracct on Friday March 20, 2020 @01:23PM
(#22639409)
While that's definitely true, this is also inherently running up agains the Bill of Rights. Police powers are not unbounded so as this continues (and especially as it subsides), I expect legitimate unanswered questions of Constitutionality could come into play.