The Legal Quagmire: Civil Liberties vs. Public Health Authority
Published on December 14, 2025
The decision by South Carolina to implement mandatory quarantines during the 2025 measles outbreak did more than just contain a virus; it detonated a legal and constitutional bomb. The moment the first quarantine orders were served, the state was plunged into a legal quagmire, pitting the government's foundational "police power" to protect public health against the bedrock constitutional rights of its citizens. The ensuing court battles, meticulously tracked by media nationwide, became a high-stakes test of a century-old legal precedent in the face of modern civil liberties.
The Legal Arsenal: A Dusty Law Meets a Modern Challenge
The state's legal authority stemmed from the South Carolina Emergency Health Powers Act, a piece of legislation drafted in the early 20th century in response to smallpox and cholera. The law granted the state health department sweeping powers to take all "necessary and expedient" measures to stop an epidemic. For decades, these powers lay dormant. But in 2025, they were wielded with a force that shocked civil liberties advocates.
A class-action lawsuit, Jennings v. South Carolina DHEC, quickly became the primary legal challenge. The plaintiffs argued that the state's actions violated a slate of constitutional rights. They claimed the orders infringed on the First Amendment's Free Exercise Clause by disproportionately targeting a religious community. They argued it constituted an unreasonable seizure of their persons and homes under the Fourth Amendment. But their most potent argument centered on the Fourteenth Amendment's Due Process Clause, asserting that citizens were deprived of their fundamental right to liberty without any form of hearing or individual assessment.
The Shadow of Jacobson v. Massachusetts
The state's entire defense rested on a single, powerful precedent: the 1905 Supreme Court case Jacobson v. Massachusetts. In that case, the Court upheld the state's authority to mandate smallpox vaccinations, establishing the principle that individual liberty is not absolute and may be restrained to protect the community. The Jacobson standard holds that public health measures are constitutional as long as they have a "real or substantial relation" to the public health objective and are not "arbitrary, unreasonable, or oppressive."
DHEC's lawyers argued their actions fit squarely within the Jacobson framework. The quarantine, they contended, had a clear relation to stopping measles, and given the failure of voluntary measures, it was neither arbitrary nor oppressive. The plaintiffs countered that a 1905 precedent was dangerously insufficient for the 21st century. "The world of Jacobson had no internet, no social media, and a vastly different understanding of due process," the lead ACLU attorney argued. "Applying it so broadly today gives the state a blank check to trample on individual rights."
"The South Carolina case forces us to ask a hard question: How do we adapt a 120-year-old legal standard to a world where misinformation spreads faster than any virus? The law needs to evolve. It must provide clear guardrails and robust due process protections to ensure that public health authority is not wielded as a cudgel."— ACLU Legal Analyst
A Fractured Verdict and Its Unsettled Aftermath
The case rocketed to the South Carolina Supreme Court, which delivered a fractured 4-3 decision. The majority opinion, authored by the Chief Justice, reluctantly sided with the state. While upholding the quarantine order under a traditional reading of Jacobson, the opinion was filled with warnings. "While the state's actions in this specific, dire instance pass constitutional muster," the Chief Justice wrote, "we are deeply troubled by the archaic and overly broad nature of the Emergency Health Powers Act. We implore the legislature to modernize this statute with urgency."
The dissenting opinion was a blistering rebuke. "The majority has abdicated its duty to protect the constitutional rights of the citizens of this state," the dissent argued. "They have allowed a dusty, century-old precedent to justify the functional house arrest of hundreds of individuals without a shred of individualized due process. This is a dangerous and lamentable failure of judicial courage."
Ultimately, the state won the legal battle, but the victory felt hollow. The narrow margin of the decision and the fierce public debate left the central conflict between public health authority and civil liberties more unsettled than ever. The true legacy of the Palmetto State's legal quagmire was not the verdict itself, but the national conversation it ignited. It laid bare the urgent need for new laws—laws that can navigate the complexities of a modern, interconnected world, ensuring that in the next crisis, public safety and civil liberties are not treated as adversaries in a zero-sum game, but as co-equal values to be carefully and deliberately balanced.
