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Sun Aug 1, 2021, 03:46 PM

Can a State impose more restrictive screening for certain States that

don't seem to be dealing with COVID effectively? Like Florida, for instance. Could a State demand proof of vax or quarantine before allowing said Floridians to have access to said States. Or would a federal framework need to be established?

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Reply Can a State impose more restrictive screening for certain States that (Original post)
OAITW r.2.0 Aug 2021 OP
karynnj Aug 2021 #1
Igel Aug 2021 #4
karynnj Aug 2021 #5
marble falls Aug 2021 #2
roamer65 Aug 2021 #3
MichMan Aug 2021 #6
Raine Aug 2021 #7

Response to OAITW r.2.0 (Original post)

Sun Aug 1, 2021, 03:50 PM

1. Sure. Vermont did during earlier times

I think NY did too and later they treated neighboring states differently.

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Response to karynnj (Reply #1)

Sun Aug 1, 2021, 04:38 PM

4. Not all that relevant.

"What is, is legal" isn't all that useful. The restrictions were short-lived; anybody who would have tried to get standing to contest them would have quickly found their cases tossed as moot when the restrictions were lifted. Short-term injunctions might have been granted, but showing sufficient loss to merit an injunction would have been difficult.

There was differential outrage and indignation here when one state imposed restrictions (or required quarantine, hardly enforced on the traveler), and justification when another state, for the same reason, imposed the same restrictions. So attitudes and from-the-hip responses are sketchy.

There's some Federal case law guaranteeing freedom of travel between states; it was a right given in the Articles of Confederation, not in the Constitution (but then again, most assume it was deemed unnecessary given the tighter relationship between states). I'd argue that it would be a right assumed since guaranteeing natural rights by not limiting them was what the Constitution was all about, with the Bill of Rights deemed a mere spelling out of some of the more prominent rights that a citizen had by virtue of being a human (with all due caveats for limitations on women and the not-free or unpropertied), which the government didn't provide but merely was to not limit. But all rights are subject to "compelling state interest" restrictions.

Courts have been hesitant to overrule restrictions on travel or commerce when they involve public health, and for that there are a number of cases. As long as the travel restriction was based on established state interest and based on reasonable criteria, limited in time and extent, then I doubt a judge would do more than toss out the case.

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Response to Igel (Reply #4)

Sun Aug 1, 2021, 05:17 PM

5. I believe that they were in effect for much of a year (split between 2020/2021)

They did not say that people , could not come, but from most states, but a 14 day quarantine even for returning Vermonters, was required or the results of a negative test after arriving. This was first waived if fully vaccinated.

Friends who recently went to Hawaii needed tests before they could get on the plane to Hawaii - even though fully vaccinated. I think that just ended.

As to if these regulations were legal, I read nothing on them being successfully challenged.

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Response to OAITW r.2.0 (Original post)

Sun Aug 1, 2021, 03:51 PM

2. Why not? I think the Fed courts would back them up.

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Response to OAITW r.2.0 (Original post)

Sun Aug 1, 2021, 04:01 PM

3. Yes, the states can absolutely block entry.

Especially in the case of a public health emergency.

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Response to OAITW r.2.0 (Original post)

Sun Aug 1, 2021, 08:01 PM

6. Isnt Merrick Garland suing Texas to prevent them from blocking people from Mexico with Covid?

Obviously that isn't blocking people from a particular state, but would seem to be comparable.

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Response to OAITW r.2.0 (Original post)

Sun Aug 1, 2021, 09:10 PM

7. I think a year ago Florida didn't want New Yorkers fleeing

there. I don't know if they were very successful or not, I kind of doubt it.

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