Pandemic Fears and Contemporary Quarantine: Protecting Liberty through a Continuum of Due Process Rights
![handle is hein.journals/buflr54 and id is 1309 raw text is: COMMENT
Pandemic Fears and Contemporary
Quarantine: Protecting Liberty Through a
Continuum of Due Process Rights
MICHELLE A. DAUBERTt
[T]he liberty secured by the Constitution of the United States to
every person within its jurisdiction does not import an absolute
right in each person to be, at all times and in all circumstances,
wholly freed from restraint. There are manifold restraints to which
every person is necessarily subject for the common good.1
INTRODUCTION
Isolation and quarantine are historically recognized
public health tools used to contain the spread of infectious
diseases. Both isolation and quarantine severely curtail the
freedom of individuals to whom they are applied. Thus, they
are often tools of last resort because they require the
separation of infected and potentially infected persons from
the public through confinement to treatment facilities,
residences, and other locations.
t J.D. Candidate, State University of New York at Buffalo, 2007; B.S., Cornell
University, 2004. I would like to thank Professor Sheila R. Shulman for her
guidance and thoughtful comments on preliminary drafts, and the members of
the Buffalo Law Review for their editorial assistance. I also wish to thank my
family and Steven Finckbeiner for their support and encouragement.
1. Jacobson v. Massachusetts, 197 U.S. 11, 26 (1905).
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Pandemic Fears and Contemporary Quarantine: Protecting Liberty through a Continuum of Due Process Rights
Pandemic Fears and Contemporary Quarantine: Protecting Liberty through a Continuum of Due Process Rights