Indeed, even for a “Very High Severity” pandemic (defined as one comparable to the Spanish Flu), the guidelines provide only that “CDC recommends voluntary home isolation of ill persons,” and “CDC might recommend voluntary home quarantine of exposed household member in areas where novel influenza circulates.” This is a far, far cry from a statewide lockdown such as the one imposed by [PA Gov. Tom Wolf’s] stay-at-home orders.
The fact is that the lockdowns imposed across the United States in early 2020 in response to the COVID-19 pandemic are unprecedented in the history of our Commonwealth and our Country. They have never been used in response to any other disease in our history. They were not recommendations by the CDC.
U.S. District Court Judge William Stickman, County of Butler, et al. v. Thomas W. Wolf, et al., Case No. 2:20-cv-677 (USDC WD PA)(p. 44)