Re:California, Oregon and Washington announce western states...
by ceejayoz on Monday April 13, 2020 @05:35PM
(#22860335)
https://www.cdc.gov/quarantine/aboutlawsregulationsquarantin...
> Under section 361 of the Public Health Service Act (42 U.S. Code § 264), the U.S. Secretary of Health and Human Services is authorized to take measures to prevent the entry and spread of communicable diseases from foreign countries into the United States and between states.
Nothing stops them from encouraging states, either. (We did this with speed limits, as an example. Want Federal highway funds? Play ball with the Feds.) Florida's Governor justified not issuing a stay-at-home order based on the White House not having asked him to.
https://www.tampabay.com/news/health/2020/03/31/ron-desantis...
Re:California, Oregon and Washington announce western states...
by brewdad on Monday April 13, 2020 @05:41PM
(#22860405)
Ok, but what do you do when said authority is hellbent on forcing people back to work and reopening the economy when your local metrics show that would be a really bad idea? While the Federal Government may have the ability to restrict the states, I don't see any avenue where they can legally prohibit local/statewide restrictions that are stronger than Federal rules.
Perhaps through "encouragement" but that still leaves a lot of unanswered questions.
We do, however by design that body does not have authoritarian control over things like 'shelter at home' regulations.