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Do Non-Medical Exemptions To Compulsory Vaccination Programs Violate The Fourteenth Amendment?, Allan J. Jacobs
Do Non-Medical Exemptions To Compulsory Vaccination Programs Violate The Fourteenth Amendment?, Allan J. Jacobs
Allan J. Jacobs
Compulsory vaccination programs for children constitute good public policy, as they prevent epidemics of dangerous diseases. They also are constitutionally permitted. All but two states permit exceptions for parental beliefs. I argue that belief exemptions may violate the Fourteenth Amendment rights of children whose parents do not claim such exemptions. They certainly infringe on those rights when non-exempted children are required by law to go to school with exempted children. Finally, I demonstrate that children have standing under current Cases and Controversies doctrine to sue for enforcement of these rights.
Do Non-Medical Exemptions To Compulsory Vaccination Programs Violate The Fourteenth Amendment?, Allan J. Jacobs
Do Non-Medical Exemptions To Compulsory Vaccination Programs Violate The Fourteenth Amendment?, Allan J. Jacobs
Allan J. Jacobs
Compulsory vaccination programs for children constitute good public policy, as they prevent epidemics of dangerous diseases. They also are constitutionally permitted. All but two states permit exceptions for parental beliefs. I argue that belief exemptions may violate the Fourteenth Amendment rights of children whose parents do not claim such exemptions. They certainly infringe on those rights when non-exempted children are required by law to go to school with exempted children. Finally, I demonstrate that children have standing under current Cases and Controversies doctrine to sue for enforcement of these rights.
Needles And Notebooks: The Limits Of Requiring Immunization For School Attendance, Allan J. Jacobs
Needles And Notebooks: The Limits Of Requiring Immunization For School Attendance, Allan J. Jacobs
Allan J. Jacobs
The constitutional requirements for compulsory vaccination are analyzed in the context of the release of a vaccine against human papillomavirus, a virus associated with development of various kinds of cancer, requiring many years after infection for cancer to develop. Examination of the requirements of Jacobson v. Massachusetts suggests that proposed vaccination programs be subjected to a balancing test that considers the severity of the disease, the risks of the vaccine, the amount of overall clinical experience with the vaccine, and alternate methods of prevention. It is argued that there are further constraints if vaccination is to be a requirement for …