Ebola, Quarantine, and Flawed CDC Policy

26 Pages Posted: 17 Oct 2015 Last revised: 21 Mar 2016

See all articles by Robert Gatter

Robert Gatter

Saint Louis University - School of Law

Date Written: April 23, 2015

Abstract

The CDC’s Interim Guidance for Monitoring and Movements of Persons with Potential Ebola Virus Exposure is deeply flawed because it disregards the science of Ebola transmission. It recommends that officials quarantine individuals exposed to the virus but who do not have any symptoms of illness, ignoring the fact that only those with Ebola symptoms can communicate the virus to others. Consequently, any quarantine order based on the Guidelines is surely unconstitutional and illegal under most states’ public health statutes — as exemplified by the State of Maine’s failed petition to quarantine Nurse Kaci Hickox in October 2014. This article examines the Guidance and events surrounding its creation to explore why the CDC issued quarantine recommendations that lack scientific foundation. It also catalogues the costs of doing so, concluding that the Guidance undermines rather than serves population health.

Keywords: public health, quarantine, ebola, CDC, epidemic, pandemic

Suggested Citation

Gatter, Robert A., Ebola, Quarantine, and Flawed CDC Policy (April 23, 2015). University of Miami Business Law Review, Vol. 23, No. 3, 2015, Saint Louis U. Legal Studies Research Paper No. 2015-5, Available at SSRN: https://ssrn.com/abstract=2598303

Robert A. Gatter (Contact Author)

Saint Louis University - School of Law ( email )

100 N. Tucker Blvd.
St. Louis, MO 63101
United States

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