Does the US Government have any authority or authority to determine whether or not to transfer or release an inmate from a detention facility with respect to the risk of contracting the Ebola virus?

The Government, moreover, asserts that it has taken and is taking significant steps to manage the pandemic. Among other things, it states that it has implemented protocols for identifying and isolating cases of the virus and for providing detainees with necessary medical care. Lopez characterizes these efforts as inadequate, but why should we decidewithout deference, no lessthe level of risk acceptable in detention facilities? Furthermore, why should Lopez be released rather than, say, transferred? We are not epidemiologists and have no expertise managing either pandemics or detention facilities. It should go without saying that the Executive Branch is the more appropriate body to decide these and other such questions. Cf. Turner v. Safley , 482 U.S. 78, 85, 107 S.Ct. 2254, 96 L.Ed.2d 64 (1987) ("Prison administration is ... a task that has been committed to the responsibility of [the executive and legislative] branches, and separation of powers concerns counsel a policy of judicial restraint."). But Lopez would have us rely on generalized speculation to second-guess the Executive Branch. We should

[955 F.3d 762]

countenance neither this motion nor the flood of similar motions sure to follow.