Menu
Share
Share this story
Close X
 
Switch to Desktop Site

Maine nurse vows to sue to lift Ebola quarantine: How will she fare in court? (+video)

(Read article summary)
(Read caption) The small town of Fort Kent, Maine - about 160 miles north of Bangor - is suddenly the epicenter of the debate over Ebola in the US.

Nurse Kaci Hickox has vowed to fight an Ebola quarantine that she says violates her rights, becoming the focal point of America's controversial response to the disease.

But, while she has received the support of health-care organizations, it's not clear how her case will fare in court.

About these ads

The nurse, who has not been diagnosed with Ebola or treated for any symptoms, spent four weeks helping care for Ebola patients in Sierra Leone with the organization Doctors Without Borders. She flew back to New Jersey on Friday, where she was quarantined for three days in an isolation tent. Under significant outside pressure – including from President Obama – New Jersey officials released Ms. Hickox Monday. She then traveled back to her home state of Maine, where she was placed under quarantine again.

"I truly believe this [quarantine] policy is not scientifically or constitutionally just," Hickox said in an interview on the "Today" show Wednesday morning. "I am not a risk to the American public."

Also on Wednesday, Doctors Without Borders expressed their support for the nurse in a statement, calling the quarantine measures "excessive."

Hickox has said if Maine does not lift the quarantine by Thursday, she will challenge it in court.

The state, meanwhile, said it will seek legal authority to enforce the quarantine.

"We hoped that the healthcare worker would voluntarily comply with these protocols, but this individual has stated publicly she will not abide by the protocols," Gov. Paul LePage said in a statement on the governor's website. "We are very concerned about her safety and health and that of the community. ... While we certainly respect the rights of one individual, we must be vigilant in protecting 1.3 million Mainers, as well as anyone who visits our great state."

In terms of legal precedents, there are several cases of state and federal governments enforcing quarantines on people in emergency situations. A case that has been frequently cited this week is Jacobson v. Massachusetts, where the US Supreme Court in 1905 upheld the commonwealth's compulsory vaccination law, which called for resisters to be thrown in jail, saying that personal liberties could be suspended given outside circumstances.

About these ads

"As a legal matter, it’s almost impossible to find a case that has successfully challenged whether someone who has been exposed [to an infectious disease] should be quarantined," says Eugene Kontorovich, a law professor at Northwestern University.

There is, however, less direct precedent on challenges to the permissible scope and circumstances of quarantine – and this is where Hickox could find the most success should her case go to court in Maine, according to legal experts.

"There have indeed been a few cases here of people who have challenged [the nature] of their confinement," Professor Kontorovich adds, "but those were much harsher conditions where people were quarantined by being put in jail, or quarantined with other infected people."


Follow Stories Like This
Get the Monitor stories you care about delivered to your inbox.