Cases of smallpox have started turning up in California. No one is quite sure how it happened. Some suspect Russia deliberately let the virus loose. Rose Vela is a minister in California. She is only 28 years old and, as with essentially all Americans her age, is not vaccinated against smallpox. Recently Rose went to visit Wilma, a member of her congregation, who is very sick. It turned out Wilma had smallpox and Rose had stayed with her for over an hour.

California public health officials performed contact tracing on Wilma. Those officials learn of Rose's contact with Wilma. The California Commissioner of Public Health then acts pursuant to statutory authority. She orders Rose to remain confined to her apartment.Violation of the order is a felony under California law. California officials make sure that Rose has adequate food and water during her confinement period. They also make sure that Rose has full Internet and cell phone access. They further tell Rose that she may obtain an attorney and that California law permits her to challenge the confinement in a California state court. No hearing, however, was held, prior to issuance of the confinement order.

If Rose now brings a lawsuit challenging the confinement, California law sets a fairly high bar for victory. Rose may only prevail if she can show by clear and convincing evidence that she is either vaccinated or that she was not exposed to smallpox. Rose is unhappy. She believes God will protect her and others if she is permitted to leave her apartment. And she can't minister properly from her apartment.

Which of the following is most accurate with respect to a lawsuit in state court by Rose against the California Commissioner of Public Health challenging the quarantine order issued against Rose.

a) The order is unconstitutional because the clear and convincing evidence standard means that a person who, by a preponderance of the evidence, was not exposed to smallpox could still be placed in quarantine

b) The order is unconstitutional because where liberty is being infringed, the 14th amendment due process clause requires a pre-deprivation hearing before a judge

c) The 11th amendment bars any order directed at a California public official ordering them to release Rose

d) The quarantine order violates substantive due process under Supreme Court precedent from the 19th Century dealing with Yellow Fever epidemics

e) The quarantine order does not, on its face, violate substantive due process