While the nurse quarantined in New Jersey has been released, the ACLU continues to push back against such measures by the states, and as the disease spreads, these questions will persist. Yesterday I discussed potential due process challenges to Ebola quarantines. Another possible constitutional objection to such measures, as Josh Blackman points out, is preemption because of a conflict with federal policy. The issue is not that state quarantine rules are tougher than the CDC suggests – federal law explicitly allows states to be tougher in this regard. Rather, it is that the quarantine of health care workers returning from...