The White House was up in arms this weekend after New Jersey Gov. Chris Christie and New York Gov. Andrew Cuomo imposed mandatory quarantines Friday for any healthcare workers arriving from West Africa, but believed it had
little control over stopping the orders.
Commentators pointed out a contradiction in the Obama administration's response to Ebola, comparing its willingness to impose Obamacare on states.
"It's somewhat surprising to see the White House suddenly turning into a states' rights organization in the Ebola controversy," George Washington University law professor Jonathan Turley, told Politico. "This is one of the most antagonistic administrations towards federalism principles in the history of this country."
He added: "The Obama administration has been in court insisting healthcare is a federal matter and states have a limited role at best."
According to Politico, the White House deemed that it did not have the authority to override the governors' policies but has been facing questions about why it didn't step in and overrule the states.
"You could take that up with James Madison," White House press secretary Josh Earnest told reporters when asked why the administration hadn't taken action, according to Politico. "We have a federal system in this country in which states are given significant authority for governing their constituents. That is certainly true when it comes to public safety and public health."
Dr. Thomas Frieden, the director of the Centers for Disease Control and Prevention, agreed, saying on a call with the media on Monday that state officials have the power to exceed federal guidelines.
"If they wish to be more stringent than CDC recommends, that's within their authority in the system of government we have."
But legal and public health experts told Politico that the federal government did have authority to intervene, particularly in cases with an interstate dimension. This might apply, for example, in the case of Kaci Hickox, the nurse from Maine who was put into a 21-day
mandatory quarantine in a New Jersey hospital Friday after arriving on a flight at Newark Airport.
"If they want to, they could potentially say, you're unnecessarily interfering with interstate travel," Jennifer Nuzzo of the University of Pittsburgh Medical Center, told Politico. "What it amounts to is preventing states from taking action that would unduly affect interstate travel and trade."
Another expert suggested there could be political reasons why the White House has not taken firmer action to overturn the states' policies.
"The White House is obviously responding in real-time to the political controversy, but they're oversimplifying this," Arizona State University law professor James Hodge, told Politico. "There's actually quite clear authority for the CDC to stop in and systematically engage in quarantine in key situations."
The White House nevertheless did what it could to pressure the governors to reverse their orders, and on Sunday Cuomo
revised the guidelines, allowing workers to return to their own homes for the confinement period after being transported by private vehicle.
Christie, meanwhile, ordered Hickox to be
discharged to her home in Maine after she hired a lawyer challenging his policy. Christie, however, vowed to keep the policy in place for any workers staying in New Jersey.
Health authorities say this measure is unnecessarily strict and could be counterproductive by discouraging workers to assist in the effort in West Africa. The CDC, however, has issued new guidelines asking for healthcare workers to voluntarily quarantine themselves, but it has not made the policy mandatory.
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