The legal issue is that the technology being used for microbes is considered as a threat to the United States. The use of a biological weapon in the United States would threaten the rule of law because the American legal system is simply not designed to deal with such a complex and insidious act of violence. Fortunately, neither public health law nor the law on emergency management has ever been implemented in a real biological weapons attack. Neither public health law nor emergency management law could currently support an effective response to a major biological weapons incident. Under the US Constitution, state governments rather than the federal government have primary legal authority and responsibility for public health. The biological weapon in the United States would trigger a public health emergency, which means the state governments and legal systems are considering it as bioterrorism. The state and federal governments are prepared for a bioterrorist attack, but it's quite difficult to coorespond with the state and federal. The issue here would be that bioterrorism is causing the search for microbes to be on hold because technologies used are considered "weapons." Bioterrorism also presents an implementation challenge because state and federal governments need effective and efficient procedures through which to exercise the public health and emergency powers they possess. Fortunately, governmental agencies are raising awareness about the need for people concerned about bioterrorism to include analysis of law in the evaluation of American preparedness. The United States cannot improve its defenses bioterrorism without grounding defensive strategies in the law. Much legal analysis and reform needs to be done in connection with preparing for bioterrorism. A great deal of this legal work requires lawyers to work through the legal issues with public health officials. Working diligently on the subject will help ensure that the rule of law does not affect the procedures of the malevolent use of microbes against American society. |