Compulsory Vaccination, the Constitution, and the Hepatitis B Mandate for Infants and Young Children

Abstract

This article examines whether the hepatitis B vaccination mandate for infants and young children, which exists in 47 states, is constitutional. It reviews relevant judicial and statutory precedents, including constitutional precedents on autonomy, bodily integrity and medical decision making. After considering the history of the hepatitis B mandate, the article concludes that this mandate is questionable under the 14th Amendment due process and equal protection clauses.