The Malevolent Use of Microbes and the Rule of Law: Legal Challenges Presented by Bioterrorism

Physicians and public health officials would bear the brunt of the health nightmare unleashed by an act of bioterrorism. Mass casualties and the "worried well" would swamp hospitals and health care facilities that barely cope with normal health care needs. Confusion and fear would haunt infectious disease specialists trying to control the aftermath of an attack with biological weapons (hereafter "bioweapons"). Supplies of antibiotics and equipment would likely be quickly used up. Efforts to treat the sick and control the spread of the pathogenic microbe could be hampered by shortages of medical staff and absenteeism. Public order would be imperiled. What is often neglected in thinking about the threats bioweapons pose to public health is the foundation that law provides for effective public health activities. Focusing on the link between public health and the law reveals that bioterrorism would also constitute a grave threat to the role law plays in regulating public and private behavior in the United States. In this article, I examine 3 significant challenges that the malevolent use of microbes would pose for the rule of law in the United States.