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State and Local Government Law

Journal of Law and Health

Journal

2021

Pandemic

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Full-Text Articles in Law

On The Constitutionality Of Hard State Border Closures In Response To The Covid-19 Pandemic, Benjamen Franklen Gussen Dec 2021

On The Constitutionality Of Hard State Border Closures In Response To The Covid-19 Pandemic, Benjamen Franklen Gussen

Journal of Law and Health

I investigate the constitutionality of hard state border closures in the United States as a prophylactic response to a pandemic. This type of border closure prevents people from entering a State, except for exempt travelers, a category that includes, for example, military, judicial and government officers, and people granted entry on compassionate grounds. Those allowed to enter usually have to then go through a quarantine regime before being released into the community. During the COVID-19 pandemic, no State has attempted such closures. However, epidemiological experts suggest that, in comparison to other border and non-border measures, such closures are more effective. …