Download This PaperThe Jacobson Question: Individual Rights, Expertise, and Public Health Necessity
UCLA School of Law, Public Law Research Paper No. 23-19
COVID-19 and the Law: Disruption, Impact, and Legacy, (Edited by I. Glenn Cohen, Abbe R. Gluck, Katherine L. Kraschel, Carmel Shachar), (Forthcoming 2023).
12 Pages Posted: 23 Aug 2023
Date Written: February 9, 2022
Abstract
In the post-2020 era, litigants are calling on courts to answer the Jacobson question: is Jacobson v. Massachusetts still a valid precedent? This chapter argues that the foundational principles enshrined in Jacobson endure, but public health advocates will need to craft new arguments that incorporate these principles within modern (and sometimes less deferential) standards of judicial review.
Keywords: judicial review, substantive due process, bodily autonomy, public health law, vaccination, emergencies, coronavirus, COVID-19, pandemic, quarantine, social distancing, separation of powers, federalism
JEL Classification: I18, K32, K40
Suggested Citation: Suggested Citation