Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

WarGamer

(18,328 posts)
Sat Jul 24, 2021, 09:58 PM Jul 2021

Federal Vaccine Mandate may be unconstitutional... However

The SCOTUS has LONG acknowledged the rights of States to mandate vaccinations.

https://www.historyofvaccines.org/content/blog/jacobson-v-massachusetts-reiss

State and local governments in the United States have mandated immunizations as a prerequisite for attending public schools for quite some time. The Supreme Court has heard several challenges to these mandates and has consistently ruled the mandates to be constitutional.

And here:

https://constitutioncenter.org/blog/on-this-day-the-supreme-court-rules-on-vaccines-and-public-health

The application of Jacobson to the modern age of vaccinations is a source of scholarly debate, with some arguing that the case no longer applies in an era in which vaccines like HPV are not medically necessary to prevent the spread of disease. But others maintain Jacobson’s importance today in providing ample power to protect the public health, especially with the threat of pandemics.

6 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies

MichMan

(16,874 posts)
2. What state and local governments are requiring their own employees to be vaccinated?
Sun Jul 25, 2021, 06:22 AM
Jul 2021

I haven't heard of any. The Federal government certainly isn't.

If they won't even require their own employees to be vaccinated, I don't see how they will mandate anyone else get it.

FBaggins

(28,670 posts)
3. The vaccines still aren't fully approved
Sun Jul 25, 2021, 06:47 AM
Jul 2021

Mandates will follow pretty quickly after they are.

Though not at the federal level… for the reasons outlined above.

FBaggins

(28,670 posts)
6. Certainly
Sun Jul 25, 2021, 08:06 PM
Jul 2021

I think parts of the military have already told their commands to prepare for mandatory vaccinations starting in September

FBaggins

(28,670 posts)
4. Interestingly... this is almost exactly this year's collegiate moot court problem
Sun Jul 25, 2021, 06:49 AM
Jul 2021

Including whether Jacobsen should be revised.

Should be a fun year

Latest Discussions»General Discussion»Federal Vaccine Mandate m...