Legal Myths of Ebola Preparedness and Response

In March 2014, Ebola viral disease (“EVD”) emerged from several West African countries as a substantial threat to global health. Through a series of core legal powers pursuant to its declaration of a public health emergency of international concern (“PHEIC”) on August 8, 2014, the World Health Organization (“WHO”) averted a global health disaster by requiring member countries to engage in mul- tiple public health interventions. These efficacious WHO-mandated measures included implementation of border closures to limit the spread of EVD within and outside of countries like Guinea, Liberia, Senegal, and Sierra Leone. Industrialized nations, including the United States, responded swiftly as well through their own emergency declarations. Resulting emergency legal powers enabled strong coordination among federal, state, and local actors to systematically identify and limit cases. Among these powers, the federal Centers for Disease Control and Prevention (“CDC”) required state and local governments to follow its national guidance on quarantine and isolation procedures for persons exposed to or infected with EVD. This led to the justified quarantine of health care workers (“HCWs”) returning from treating Ebola patients in West African “hot zones.” In collaboration with CDC, U.S. Customs and Border Control agents screened thousands of incoming passengers at multiple domestic airports to find and contain numerous, potential cases of EVD. The Food and Drug Administra- tion (“FDA”) worked in real-time to authorize the use of an extensive array of experimental tests or drugs proven effective in identifying cases and treating EVD patients. These (and other) legally-supported efforts worked in unison to control the impacts, and protect the public’s health