Sweeping new stay-at-home orders issued in the San Francisco Bay area have legal experts worried about constitutional infringements in coronavirus response.
Kentucky Gov. Andy Beshear, seen last week, defended round-the-clock surveillance of a man who allegedly tested positive for coronavirus and wouldn't self-isolate.Kentucky Gov. Andy Beshear, seen last week, defended round-the-clock surveillance of a man who allegedly tested positive for coronavirus and wouldn't self-isolate.
But one of the nation's top quarantine experts says the San Francisco area orders are likely to be challenged in court and judges will have to balance individual civil liberties and constitutional rights against the need to protect public health. Georgetown's Gostin says the case of the Kentucky man differs significantly from the San Francisco shelter-in-place orders.
The coronavirus pandemic has also led to a kind of reverse quarantine, in which institutions with vulnerable residents such as nursing homes bar outside visitors — including family members — from entering to minimize the risk of infection. "I think if the government is not transparent about what is happening with our local [conavirus] numbers in terms of case counts," says Mukherjea,"you may see that the average person says, 'my day-to-day life is affected so dramatically, but nothing good is happening, why bother?'"
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