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Old Jan 22, 2020, 9:24 pm
  #65  
arttravel
 
Join Date: Jun 2013
Location: NYC
Programs: UA
Posts: 444
Originally Posted by looker001
What people have posed is CDC reasoning of why they feel it's legal. It really haven't been litigated enough to really know for sure. Few cases where that did happen such as in Ebola, states were forced to retreat in their screening.
I do not think the Ebola lawsuit resulted in the state retreating in the screening,. The settlement had clarification on the methods of screening -- such as:

FDA-approved thermometers must be used. The use of non-FDA approved thermometers and technology such as smart phone applications are not permitted.

And

The right to retain and consult with legal counsel telephonically or by other means, including in person, where possible in a medically safe manner; 1i. The right to legally challenge the quarantine and/or isolation order. If an individual seeks to legally challenge quarantine or isolation on an emergent basis in a court with jurisdiction, the Department agrees not to request an adjournment of any related hearing for u period of more than 48 hours. Unless stayed by the Commissioner or a court with jurisdiction, a written order for quarantine or isolation shall remain in full force and effect for the period stated in the order until disposed of on the merits through judicial review.

Amongst others -- a copy of the settlement can read on the ACLU website

https://www.aclu-nj.org/files/4615/0...eement_opt.pdf

There is no evidence that the state retreated from the screening unless one considers the mandate to use a proper thermometer and not a smartphone to check temperature as a "retreat".

So I ask where is the evidence to support your statement of "states were forced to retreat in their screening"?
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