Free Republic

RALEIGH, N.C. (AP) — A North Carolina appeals court on Tuesday blocked enforcement of parts of a trial judge’s recent order that demanded $1.75 billion in state taxpayer funds be spent — without express legislative approval — to address public education inequities. The majority on a three-judge panel sided with a request by State Controller Linda Combs that it prevent Superior Court Judge David Lee’s order from being enforced. It agreed Lee crossed the line by appropriating money — a job the majority said rests solely with the General Assembly. Combs leads one of three state offices that Lee directed...

multipage order at link

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...