The 2018-2019 Measles Epidemic: Using the Law as a Public Health Response

53 Pages Posted: 16 Mar 2020

See all articles by Barbara Pfeffer Billauer

Barbara Pfeffer Billauer

Institute of World Politics; International Program in Bioethics, U. of Porto; Foundation for Law and Science Centers, Inc.

Date Written: March 1, 2020

Abstract

Measles rates increased dramatically during the 2018-2019 season, both in the US and globally. This phenomenon is reflective of a general decline in world-wide vaccination. In the US, the outbreaks targeted the Ultra-Orthodox Jewish communities, as it did in Israel. This article explores various reasons for this sudden surge and evaluates various legal responses, demonstrating the power of the law in quashing epidemics and reaffirming the constitutionality of mandating vaccination, even in the face of objections such as violation of religious freedom, autonomy and liberty.

Keywords: measles, anti-vax, anti-vaxxes, Israel, rockland, Brooklyn, ultra-orthodox, first amendment, emergency orders, public health, freedom of religion, informed consent, autonomy, vaccine, vaccination, vaccine resistance

JEL Classification: I1, I12, I18, K13, K32, K42

Suggested Citation

Billauer, Barbara P., The 2018-2019 Measles Epidemic: Using the Law as a Public Health Response (March 1, 2020). Available at SSRN: https://ssrn.com/abstract=3546905 or http://dx.doi.org/10.2139/ssrn.3546905

Barbara P. Billauer (Contact Author)

Institute of World Politics ( email )

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International Program in Bioethics, U. of Porto ( email )

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