Question

Mary is a line cook at a restaurant and unknowingly has a highly contagious disease, "Syfoid." She hasn’t shown any symptoms herself, but she has passed it through the food she handles to several customers who later died. The Center for Disease Control (CDC) traced the disease back to Mary and order her to "appear for testing and treatment as well as to cease all handling of food." When Mary refuses, the CDC and law enforcement arrive at her home and forcibly take her to a hospital where she is quarantined though she was not charged with any crime. Several months later Mary has still not been released from quarantine because she is still communicable, however, she has never been provided an opportunity to contest her quarantine. In the meantime, Mary lost her job. Has any of Mary’s fundamental rights been violated?
a. No, because she is a threat to the health and safety of the community.
b. Possibly, because she was deprived of her liberty without due process.
c. Yes, the government violated her right to equal protection.
d. No, because she has not been charged with any crime.

Answer 1

Answer: b. Possibly, because she was deprived of her liberty without due process.

Explanation:

Mary has a Constitutional right to due process which means that she should get the opportunity to contest her quarantine. This right is enshrined in the 5th Amendment which asserts that the Federal Government may not deprive a person of their freedoms without due process.

The CDC as a Federal Government arm even when acting in the interest of the people, should give Mary the chance to contest her quarantine so that she may at least see for herself that she might indeed be the source of a deadly disease.