You should have already read the Rules Pertaining to COVID-19 Health Screening Process and Travel Self-Quarantine (the Rule) which was issued by Hawaiis Governor David Ige via Emergency Proclamation[1] on September 22, 2020. It was enacted under the Emergency Services Act which allows it to go into effect immediately.

Specifically, Section 4 of the Rule states [a]ll persons entering the State of Hawaii shall be subject to mandatory self-quarantine for a period of 14 days. Two exceptions are provided for individuals performing critical infrastructure functions,[2] (Links to an external site.) and for individuals who submit a negative COVID-19 test from an approved provider within 72 hours prior to their flight to Hawaii. The Rule is applicable to all travelers to Hawaii, including its residents.

The Rule was put into place because an emergency exists due to the COVID-19 pandemic, and the danger it poses to Hawaii residents. Because of Hawaii's relatively small populationas compared to the rest of the United Statesthese safeguards are required to protect our residents by ensuring Hawaii's healthcare system is not overwhelmed. Once Hawaii runs out of hospital capacity, there are no easy alternatives to move patients to other states because of the enormous distance and time required to do so.

Under prior versions of the Rule, the State of Hawaii only has approximately 24,000 COVID-19 cases among its total population of 1.4 million, translating into an infection rate of 1.71%. This is compared to the rest of the United States which has an approximate infection rate of 6.93%. When rates of death are examined, the comparison is even starker. The State of Hawaiis rate is approximately 0.02%, while the national death rate is 0.12%. These numbers show how successful the Rule has been in protecting Hawaii's residents.

[1] (Links to an external site.) An Emergency Proclamation issued by the Governor is considered an executive action which is fully enforceable just like any legislative act.

[2] (Links to an external site.) Critical infrastructure functions are generally defined as operations and call centers, supply chains, healthcare and telecommunications, information technology systems, defense, food and agriculture, energy and water, law enforcement and public works.

QUESTION:

You are a legislative aide to Hawaii Governor David Ige. Because prior versions of the Rule have been challenged in court by interested parties, he needs you to evaluate whether the Rule is going to withstand challenges from its opponents under the due process an equal protection provisions of the Fifth and Fourteenth Amendments to the United States Constitution. What do you tell him, and why? (Make sure to thoroughly discuss any issues you see.)