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.

 

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