Laws limit Obama’s ability to dictate Ebola isolation policies

Published 9:33 am Tuesday, October 28, 2014

WASHINGTON — For Americans wondering why President Barack Obama hasn’t forced all states to follow a single, national rule for isolating potential Ebola patients, the White House has a quick retort: Talk to the Founding Fathers.

A hodgepodge of state policies, some of which directly contradict Obama’s recommendations, has sowed confusion about what’s really needed to stop Ebola from spreading in the United States. While public health advocates denounce state quarantines as draconian and scientifically baseless, anxious citizens in non-quarantine states are asking whether they’re at greater risk because their governors and the president have adopted a lesser level of caution.

If public health departments across the country aren’t singing the same tune, that may be by design.

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Although the Constitution empowers the federal government to isolate sick people entering the U.S. or traveling between states, it’s the states themselves that have the bulk of the authority to regulate public health in America — including the decision to enforce quarantines within their borders.

“I guess you can take that up with James Madison,” said White House spokesman Josh Earnest, referring to the fourth president and key drafter of the Constitution, when asked why there was no binding federal policy. That’s ironic, perhaps, coming from an administration Republicans are constantly accusing of exceeding its legal authority on everything from immigration and health care to foreign policy.