Forced vaccination in the Land of Liberty (TM)
“Should the Government Impose a National Vaccination Mandate?” (New Yorker, by Jeannie Suk Gersen (quoted in the Domestic Violence chapter of Real World Divorce) provides a good window into the thinking of the elites:
Despite claims to the contrary, there are many routes to legally requiring COVID inoculation.
The pre-covid legal landscape, in other words, was quite clear: a state could require vaccinations to protect public health, even imposing criminal penalties for noncompliance. And vaccination as a condition of attending school or of government employment has been widely, if not universally, accepted.
There has been a plethora of legal challenges to covid-vaccine mandates imposed by public and private institutions, but courts have been quick to dismiss them.
No city or state has yet issued a straight-up requirement that all private citizens be vaccinated against covid-19, along the lines of the Massachusetts smallpox-vaccination law upheld in Jacobson, but some have edged toward it. The closest so far is New York City’s requirement of proof of having received at least one dose for access to certain activities, including indoor dining, gyms, and performances. Various states have also ordered certain subsets of their populations, including health-care and nursing-home workers, school teachers, and state employees, to be vaccinated or face regular testing. The F.D.A.’s full approval of the vaccine this week makes it more likely that cities and states will impose general mandates on residents. If they do, they can feel confident that such requirements will be upheld by the courts, so long as they include medical and religious exemptions.
The only real question is whether it is a state governor’s job or Presidents Biden and Harris’s to order residents to be injected:
And, in fact, the government has never issued a national vaccination mandate—perhaps because, in the past, leaving that role to states and localities has sufficiently contained epidemics. If any federal statute currently provides authorization for a national covid-vaccination mandate, however, it would be the Public Health Service Act, which gives several agencies the authority “to prevent the introduction, transmission, or spread of communicable diseases” from foreign countries or between states. The government can use this law to pursue quarantine policies, and the statute, broadly construed, may also allow the government to mandate vaccinations to prevent interstate spread of covid-19.
After the tens of $trillions spent on defending liberty from foreign bogeymen (our military is our #3 federal expense, after Social Security and Medicare/Medicaid), will it ultimately turn out that foreigners enjoy more freedom to choose which medical interventions to accept?
Separately, most of the above examples of forced vaccination wouldn’t apply to someone who stays home playing Xbox in public housing while shopping for food via EBT. Instead of emigrating to Sweden or a similar foreign haven, perhaps an American who loves freedom could simply transition to disability/welfare.
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