Mr. Rubin doesn’t know his history. Supreme court has already ruled.
Primary Holding
A state may enact a compulsory vaccination law, since the legislature has the discretion to decide whether vaccination is the best way to prevent smallpox and protect public health. The legislature may exempt children from the law without violating the equal protection rights of adults if the law applies equally among adults.
Facts
A Massachusetts law provided that the board of health of a city or town may require and enforce vaccination and revaccination of its inhabitants, while providing them with a way to get free vaccinations. The state imposed a $5 fine for people over 21 who violated this law, although it provided an exception for children with a doctor’s certificate stating that they are not fit for vaccination. The city of Cambridge adopted a regulation requiring all of its inhabitants who were not vaccinated against smallpox in the last five years to be vaccinated or revaccinated. (This was based on the increasing presence of smallpox in the city.) A certain physician was authorized to enforce the vaccination policy. The plaintiff in this case was an individual over 21 who refused to comply with the vaccination requirement and then faced a criminal complaint. He was found guilty and fined, and the court ordered him held in custody until the fine was paid.
You think the law matters to these guys?
Imagine defending a mandatory covid vaccine lol…
The way I’m reading the law it falls to the states, not Fauci, the NIH, or the Feds.
This was a state case and the ruling covers state legislative authority under the equal protection clause.
What’s Jacobson Mean for a Federal Mandate?
Perhaps not much at all, either for or against a federal Covid-19 vaccination mandate.
Georgetown Law professor Lawrence Gostin, who directs the O’Neill Institute for National and Global Health Law and has written about Jacobson, said the case isn’t relevant because it deals with state, not federal, power.
“While states have near plenary power to protect the public’s health, the federal government’s powers are limited,” Gostin said, adding that Biden “is acting fully lawfully pursuant to those powers.”
Gostin said the president “is using his executive power to order vaccinations for the federal workforce. He is using his spending power through Medicaid and Medicare to ensure vaccine mandates in health care settings. And he is using the Occupational Health and Safety Act to mandate vaccinations in all businesses of 100 or more employees. All of these are comfortably within the president’s power.”
Who doesn’t know or respect the law?
Both of you.
Novices when it comes to legalese.
TLDR:
States MAY have the power to compel vaccine mandates if they choose to but not the federal government. Meaning you’ll most likely end up with pockets of mandate areas and non mandate areas which is what we are seeing today.
says the guy who wants to take over the media because he doesn’t like hearing he’s wrong, thinks we should assassinate publicly Moderna employees and I guess part of the Trump administration because he thinks the NIH somehow created the virus in coordination with Moderna, despite that coordination being directed under the Trump administration (who knows, this is loony tunes), and that we should have 1 single religion in the US.
Sure, it’s US who doesn’t respect the law. What a loser
Lmfao! @Warden84 is mad he just got body slammed yet again and this is his way of poo pooing. You’re a joke brother. Every thing you say I reveal as shit. Just accept it.