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88 Temp. L. Rev. 1 (2015-2016)

handle is hein.journals/temple88 and id is 1 raw text is: NGovFORPUBLICATION TEMPLE LAW REVIEW © TEMPLE UNIVERSITY OF THE COMMONWEALTH SYSTEM OF HIGHER EDUCATION VOL. 88 NO. 1 FALL 2015 ARTICLES UNDER CONTAINMENT: PREEMPTING STATE EBOLA QUARANTINE REGULATIONS Eang L. Ngov* The outbreak of Ebola in Africa and its recent emergence in America has brought to light that the ambit of state sovereignty in the face of federal policy is unsettled in the public health field. Quarantine laws have historically been recognized as an exercise of state police powers and, absent discriminatory uses, courts have afforded much deference to states when the federal government is dormant. This Article explores federalism implications when federal and state sovereigns contest the purview of regulating Ebola, other epidemics, and quarantines. This Article examines how the federal government could assert supremacy to regulate the treatment of epidemics and quarantine through preemption, in light of traditionally recognized state police powers over health and safety, and evaluates the value of federal and state sovereignty over such matters. It argues that the anti-preemption clause of the Public Health Service Act, which * Associate Professor, Barry University Dwayne 0. Andreas School of Law. J.D., University of California at Berkeley School of Law; B.A., University of Florida. For Jade. I am indebted to Donna Barbisch, Kristi L. Koenig, Seema Mohapatra, Karin Moore, Daniel P. O'Gorman, Mark A. Rothstein, and Alan Untereiner for their insightful comments. I am grateful for excellent research assistance and editing provided by Mary Arias, Gracie Gamez, Christopher Joseph, Brittany Sonnier, Jesse Stern, and Kristen Trucco; help from law reference librarians Diana Botluk and Louis Rosen; assistance from PC Support Specialist Owen Gregory; support from Faculty Assistant Fran Ruhl; and financial support through the Barry University School of Law Summer Research Grant. I thank the editors and journal members at Temple Law Review for their meticulous and thorough edits and other assistance in the publication of this Article. This Article was presented at the American Constitution Society's First Annual Constitutional Law Scholars Forum hosted by the Barry Student Chapter on March 20, 2015, and at the Loyola University Chicago Sixth Annual Constitutional Law Colloquium on November 7, 2015.