This article examines the role of the National Guard in enforcing public health mandates in emergency situations. The authors analyze the activation of the National Guard through Title 10 of the U.S. Code, which prohibits the National Guard from engaging in law enforcement activities under the Posse Comitatus Act (PCA). The authors then discuss the potential role of the National Guard in emergency and disaster response such as quarantine and compulsory vaccination as well as legal liability issues. The authors conclude by proposing revisions to the PCA to clarify the law and to allow for the effective use of military medical assets in emergency and disaster response initiatives.
Public Health Law & (and) Military Medical Assets: Legal Issues in Federalizing National Guard Personnel,
Annals Health L.
Available at: http://lawecommons.luc.edu/annals/vol18/iss1/4