That case could be invoked more in the months ahead. It is the high court's touchstone for state power during public health crises. But it is a decision with limits. The 1905 court warned against"arbitrary" or"oppressive" regulation and expressly connected mandatory vaccination to ending the spread of smallpox.Today, the question is how bluntly the case, known as Jacobson v. Massachusetts, might be wielded to justify curbing individual liberties without caveat.
Henning Jacobson, a minister, refused to be vaccinated by the Cambridge board of health, saying he had had bad reactions to previous vaccinations. He was fined $5 under Massachusetts law. Jacobson argued the penalty violated his personal liberty to care for his own health.In its 7-2 ruling, the Supreme Court acknowledged individual liberty rights but emphasized the state's police powers to handle a health emergency.
I look forward to the contribution of Drs Fauci and Birx as they appear on CNN for interviews on this topic.
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