Download This PaperWhy Citing Jacobson v. Massachusetts as Precedent for a Federal Vaccine Mandate is Problematic
9 Pages Posted: 1 Nov 2021 Last revised: 3 Jan 2022
Date Written: October 29, 2021
Abstract
Supporters of Joe Biden's federal vaccine mandate cite Jacobson v. Massachusetts as precedent for compulsory vaccination. This essay shows that Jacobson concerned a state legislature's authority to mandate vaccines—not the federal government's. In addition, this essay explores the federal government's lack of police power to mandate vaccination. Likewise, this essay looks at whether the Occupational Safety and Health Administration has the authority to require vaccination.
Keywords: Jacobson, Jacobson v Massachusetts, vaccine, mandate, OSHA, Commerce Clause, enumerated powers
Suggested Citation: Suggested Citation
Armstrong, Marcus, Why Citing Jacobson v. Massachusetts as Precedent for a Federal Vaccine Mandate is Problematic (October 29, 2021). Available at SSRN: https://ssrn.com/abstract=3952360 or http://dx.doi.org/10.2139/ssrn.3952360
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