Showing posts with label Interstate Commerce clause. Show all posts
Showing posts with label Interstate Commerce clause. Show all posts

Wednesday, March 25, 2020

The Need for a National Health Policy

When it comes to controlling a pandemic, the fact of states’ rights makes no sense.  Since all states are connected in many ways, but especially commerce and freedom of movement, it is critical that there be a national policy controlling the actions of people.  

For those who say that under the constitution states have to be left to go their own way … nonsense!  The interstate commerce clause allows the government to regulate anything that impacts interstate commerce.  This has been read broadly and is the basis, for example, for federal civil rights laws.  Certainly it would provide a basis for a national mandated policy on efforts to control the coronavirus pandemic.  To not have a mandated national policy in this situation would be madness.

People are the key to either containing the virus or spreading it.  There is thus only one effective way of controlling the virus.

That is testing and contact tracing combined with quarantine.  Everyone who has symptoms should be tested, and if that is not available, should self-isolate on the assumption that they have the virus.

Every contact an infected person has had (which could be as minimal as being in the same room or talking) needs to be traced and told to self-isolate for 14 days, the incubation period, and be tested before being free to be out and about since one could be asymptomatic and still pass the virus to others.

Everyone arriving in the U.S. by plane or any means of transportation must at a minimum be temperature screened for the virus before being allowed to enter.  Interstate travel should be restricted to critical travel and all arriving passengers should be temperature screened.

Initial testing and tracking should occur within a short period of time.  Ideally, during that time people should be told to shelter-in-place and non-essential business closed to minimize the spread of the virus before everyone is tested and tracked.  Once that has happened, life can go back to normal for all but those who have been ordered to self-isolate.

We have not been able to follow that scenario because we were  not prepared; testing capacity was minimal.  The virus therefore has spread unrestricted for probably 2 months.  We also had a very unscientific attitude about the virus … there’s only a few cases, what’s the big deal.  Well, every epidemic starts with only a few cases, and that’s when one has the best chance to contain it.  

We instead waited till there was obviously a serious problem and then resorted to restricting the movement of everyone, indiscriminately.  There was no other choice.  Much of the country is now locked down and we have only begun significant testing in New York City and a few other places.  

The rest of the country needs to be locked down as well.  As soon as the testing capacity is available, the above steps should be followed.  

Once most everyone has been tested or contact traced. and appropriately isolated, business can go back to usual.  There will still be some new infections, but that’s just the way it is.  With continued testing and contact tracing the virus will be contained.