The COVID-19 Modern Era Pandemic – The Impact of the 1905 United States Supreme Court Decision of Jacobson: Compulsory Vaccination Under State Police Power vs. the Individual Right To Refuse a Vaccination

Abstract

The COVID-19 pandemic has thrust vaccines in the forefront. Undoubtedly, vaccines are far from a new phenomenon. Over two centuries ago, Edward Jenner was credited with inventing a vaccine to prevent smallpox. Other notable vaccines include Pertussis (1914), Diphtheria (1926), Tetanus (1938) combined at DTP in 1948. The licensing of the polio vaccine in 1955 was cause for celebration. Fast forward to early 2020, the dire necessity for a vaccine to combat COVID-19 became apparent as an unprecedented pandemic infiltrated the United States. To comprehend the issue of the right to refuse a vaccination for COVID-19, the past is examined by the United States Supreme Court decision of Jacobson. This decision impacted the right of an individual to refuse a vaccine versus compulsory vaccination under state police power to protect the public.

Keywords: vaccines, public health, COVID-19, constitutional law, compulsory vaccination, health law

JEL Classification: K32