Will Jacobson v Massachusetts, 1905, be used to force vaccinations upon citizens to fend off a pandemic?
Massachusetts used it to beat down smallpox, which had begun to ravage that state
ncbi.nlm.nih.gov/pmc/articles/P…
Massachusetts used it to beat down smallpox, which had begun to ravage that state
ncbi.nlm.nih.gov/pmc/articles/P…
So in the 1905 case Jacobsen could only be fined... NOT forcibly vaccinated...
But state governors may indeed have more power than imagined during a pandemic
Individual #Liberty vs “common good”
jamanetwork.com/journals/jama/…
But state governors may indeed have more power than imagined during a pandemic
Individual #Liberty vs “common good”
jamanetwork.com/journals/jama/…
The “Model State Emergency Health Powers Act (MSEHPA), which was formulated in response to the September 11, 2001, attacks, are more consequential because of the legislation's potential to further expand governmental police powers during public health emergencies...”
”Rather than spelling out how public health and government officials should respond to a crisis, the legislation vests them with broad legal powers to pursue emergency measures....”
”To date, 43 states have introduced bills or resolutions that include components of MSEHPA and 32 states have enacted emergency health powers legislation based in part on MSEHPA.”
Yikes
Yikes
So does that mean states can use “forced vaccination” plans and the “punishment” could be things that restrict individual liberty?
Like - can’t go to the airport, can’t go to a concert or sporting event unless you show proof of vaccine
#ID2020
Is this going to happen???
Like - can’t go to the airport, can’t go to a concert or sporting event unless you show proof of vaccine
#ID2020
Is this going to happen???
https://t.co/5KN4G4NWiS
The Model State Emergency HP Act ignores a key fact: judges will not stand in the way of emergency actions taken to protect the public from a clear & present danger, and if they do, the state appeals court will over turn their rulings in a matter of hours.biotech.law.lsu.edu/blaw/bt/MSEHPA…
“From the Colonial period until today, the history of judicial restraint on emergency powers is one of blind obedience to civil and military authority, not one of necessary actions thwarted by overly particular jurists.”
”It is inconceivable that the courts would stand in the way of actions to control a major public health threat such as a smallpox outbreak...”
“This deference to state power to protect the public health and safety is well-grounded constitutionally. The Constitution gives the primary power to protect public health and safety - the police power - to the states.”
”The intent was clear because communicable disease control and Draconian public health actions were important issues in the colonies. The constitutional convention was almost disrupted by a yellow fever epidemic.Thus it is clear that the states have the power.”
