Case 2: Infectious Disease

Representative Barry Nervus is a member of your state's House of Representatives. Rep. Nervus read several articles by experts from the School of Public Health about emerging infectious diseases.The articles made him concerned about the state's ability to prevent or control epidemics. He is especially worried about the possibility that people could be infected with a new strain of avian influenza virus (commonly referred to as bird flu).

Last year, China had its 5^thand largest epidemic of avian flu 2013, resulting in at least 760 human infections. The cumulative total human infections since 2013 are 1,558. In the first 4 Chinese epidemics, about 40% of infected humans died of severe respiratory illness (like pneumonia). Laboratory testing is required to diagnose avian influenza virus infection in humans.It cannot be based on clinical signs and symptoms alone.

Poultry are the primary source of avian influenza virus. According to experts, most cases of human infection resulted from the individual being in direct contact with infected poultry and not from being in contact with another infected person.Person-to-person transmission is extremely rare. So far, such cases have only occurred among persons in China or who traveled to China. No avian flu virus has been found in people or poultry in the United States this year.

Nevertheless, Rep. Nervus is troubled by the possibility of a human epidemic, because poultry farms and processing plants employ over 35% of the workforce in the state. He learned that the influenza viruses can mutate, so he worries that a new variation of avian flu might somehow enter the US and infect either poultry or people. The U.S. had several outbreaks of a different avian influenza virus in commercial poultry flocks in the past 8 years, with 3 human infections.

To prevent an avian flu epidemic in his state, Nervus drafted a bill that he hopes his colleagues in the legislature will enact into law.Under his law, if a state public health official suspects that a person within the state may have been exposed to any poultry infected with avian influenza viruses, the official is authorized to apply to a district court judge for an order for that person to be taken into custody and confined to a hospital or other facility where the individual can be isolated from contact with anyone except medical personnel.Judges are authorized to issue the requested order based on a sworn statement by the public health official that the official has reason to believe the individual was exposed to infected poultry. If, after 15 days of confinement, the individual has no signs or symptoms of the disease or laboratory tests for avian flu virus are negative, the public health officials are authorized to release the individual.

Rep. Nervus knows almost nothing about constitutional law, so he is relying on you to analyze his bill and tell him whether it is constitutional to confine someone for this reason.But, he doesnotwant you to address any procedural due process issues related to his proposal, because he already understands procedural due process. In your analysis you must include:any specific claim (or challenge) that someone opposed to the law would likely make, explain the law governing this kind of claim, explain the arguments each side (the challengers and the state) would be likely to make, and finally, whether you think the challengers would succeed or not, should a court hear their claim.

I am extremely lost in this case and have no background in policy and law. I do not want the answers to this case, but would love help going through the case to identify the legal question of the case, the legal right at stake, etc.