Our government can mandate vaccination by law. Will we is another question.


“…the liberty secured by the Constitution of the United States to every person within its jurisdiction does not import an absolute right in each person to be, at all times and in all circumstances, wholly freed from restraint.” Real “liberty for all could not exist under the operation of a principle which recognizes the right of each individual person to use his own, whether in respect of his person or his property, regardless of the injury that may be done to others.” Justice Harlan’s decision is still the law of the land.” Jacobson v. Massachusetts (1905)

I did not know it was a long ago decided case (smallpox inoculation) and apparently not overturned or legislated otherwise. Of course the political firestorm may be enough to forestall such action.

13 thoughts on “Our government can mandate vaccination by law. Will we is another question.

  1. Of course vaccination should be mandatory. Enforcement could be in steps. Request. Warning. Fine. Jail. And in jail vaccination would be a part of the intake process.

    Freedom does not include the freedom to kill other people. As citizens we can be called on to risk our lives for our country whether we want to or not. Tens of thousands of draftees were killed in Vietnam for example. The miniscule risk from the vaccines and the immediate benefit to the vaccinated make arguments based on “liberty” truly laughable. IMHO.

    Liked by 1 person

    1. Gee, what a surprise. You think everything you advocate should be mandatory and everything you don’t like should be forbidden.

      You’re the guy George Orwell wrote about.

      I am 100% pro vaccine, but 100% anti forced vaccination.

      Liked by 1 person

      1. Oh stop it, your killin’ me.

        I didn’t write the SCOTUS opinion. It is the law of the land in our system of governance. You tout the Rule of Law as if you get a commission each time.

        So here it is.

        Liked by 2 people

      2. Your childish name calling does not alter the fact that there is a compelling public interest in every otherwise healthy person getting vaccinated to stop the spread of this pandemic and thereby protect the lives and health of millions of people. That this interest is paramount has been validated in the courts. Freedom has its limits and the freedom to kill other people is over the limit. This is not some academic exercise – people are dying in the hundreds every day who would not be dead if people were doing the right thing without compulsion. They are not. It is intolerable.


        1. What happened to ‘My Body, My Choice?”

          Hundreds of thousands of what almost 50% of Americans see has human lives are taken every year based on the MBMC mantra.

          Why should your view on when a person has dominion over their body apply and theirs not?


          1. Maybe because there is a big difference between the choice of a woman that has ZERO effect on her neighbors and that of ignoring the effectiveness of the vaccines to contain the pandemic.


          2. “Why should your view on when a person has dominion over their body apply and theirs not?”

            Easy. My view corresponds to the law. The opposite views on both abortion and vaccination do not.

            This is not a good playing field for you. The argument is easily and more cogently reversible. Those who say the state has dominion over a woman’s body to protect another person are in no position to argue that THEIR bodies are sacrosanct and they cannot be compelled to suffer the pain of a pinprick to save countless lives of other persons.

            Liked by 2 people

  2. Note that while it is wrong, legal or not, to mandate vaccination, or masks, by law, there is nothing wrong with private property owners to require them to access their property.

    A hotel, for example, could limit its guests, and employees, to those who are vaccinated in order to be able to advertise a COVID safe environment for its guests. If you don’t like it, you have the option of going to another hotel.

    But requiring vaccination just because is not consistent with liberty.

    Liked by 1 person

    1. Your folks are trying to and in some cases succeeding to outlaw businesses from requiring vaccination. Or local towns that may be overwhelmed with patients. That jerk DeSantis tried to prevent cruise ships from checking for vaccination.

      I mean, really, WTF is wrong with Republican leadership.

      Is that liberty? Think about it. A mandate to open your shop to COVID infections ordered by the state.

      Liked by 2 people

      1. There are Republicans wo misunderstand the role of government too.

        That’s why I’m a Libertarian.

        The fact that Democrats are 100 times worse doesn’t make Republicans always good.


    2. “But requiring vaccination just because is not consistent with liberty.”

      Uh, that may be fair, but the idea of requiring vaccination is NOT “just because.” Obviously. There are compelling reasons why it should be required of everyone. Hundreds of lives lost every day, massive costs of care and the economy heading for the tank yet again.


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