Overview
W4: Case Analysis 3: The Limits of Government Power in a Public Health Emergency
This week, we will conduct our final case.
Please consider the following fictitious situation.
Originating in Asia, a deadly airborne disease referred to a Disease X by the mass media spreads to the United States. Disease X kills more than half of the people who are exposed to the disease within a few days of exposure. From April 2018 to June 2018, Disease X spreads from China to the large cities of the United States like New York and Los Angeles. Then, Disease X spreads to Birmingham, Alabama because of air travel.
After Disease X spreads to Birmingham, Alabama, the Governor of Alabama declares a state of emergency and calls up the state's National Guard to maintain law and order in Birmingham and other cities in Alabama. In cities like New York and Los Angeles, Disease X caused a nearly complete breakdown of law and order as many law enforcement and emergency services became overwhelmed as citizens of the infected cities looted and rioted in search of food and medicine when social order broke down. To address the crisis, the Governor of Alabama declared a twenty-four-hour curfew to prevent the spread of Disease X. The Governor signs another order that allows the members of the Alabama National Guard to arrest any person who violates the curfew order. In a speech announcing his actions, the Governor states that he needed to take the drastic measures because many members of the Birmingham Police Department abandoned their positions.
During the curfew, the Alabama National Guard arrest dozens of citizens of Birmingham. And, some of these citizens, due to their actions, infect other citizens causing Disease X to spread throughout the city. Disease X kills twenty-thousand citizens of Birmingham. While tragic, the death toll in Birmingham was significantly lower than in other comparable cities in the United States. To explore Alabama's response to Disease X, a Select Committee of Congress orders an investigation into the Governor's actions.
If your last name begins with the letters from A to E, please assume that you represent a civil libertarian organization that has raised questions about the Alabama Governor's decision to use the Alabama National Guard during the crisis.
If your last name begins with the letters from F to L, please assume that you represent the Alabama Governor.
If your last name begins with the letters from M to S, please assume that you are a law professor who has been called by the Committee to provide your opinion on the constitutionality of the Alabama Governor's actions during the crisis.
If your last name begins with the letters ranging from T-Z, please assume that you are a citizen of Birmingham that was detained by the Alabama National Guard.