So, let’s assume for a moment that there is a vaccine available for you that has been tested, and the FDA has approved as a vaccine against COVID-19. Are you going to get it?
You may not have the chance to decide.
Actually, the federal government, your state government, even your local government may be deciding whether or not you take the vaccine for you. And if they decide you are to get the vaccine, there’s nothing you can do about it legally. The Constitution doesn’t have squat in there about taking vaccines, but the Supreme Court has plenty to say about it. It’s all about something we discussed earlier during this pandemic. It’s called “Police Powers”, and yes, Virginia, you would be forced to take the vaccine if your government decided that was what was best for you to do.
It’s actually been tried before the Supreme Court. Go back in time 115 years. The case was Jacobson v. Massachusetts. Basically it was whether Jacobson had the right to deny the state of Massachusetts requiring him to get a smallpox vaccine. The Supreme Court argued that yes, the state does have that right, and the 14th Amendment, which says, no state “shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law.”, doesn’t apply.
Here’s the rub.
According to famed legal scholar, Alan Dershowitz, if you have a non-infectious disease, and you decide you don’t want treatment, that’s ok. You can deny treatment and die if you want. However, if it’s an infectious disease, and there is any danger of it spreading, you can’t deny treatment. The city, state, or federal government can make you get treatment.
So, the long and the short of it is, if there is a vaccine that is developed and approved by the Federal Drug Administration for use, and a governmental unit decides that you need to have that vaccine, you need to have that vaccine. Now, of course, there will be several lawsuits challenging that, I’m sure. And Supreme Courts do from time to time reverse themselves. And it has been, after all, 115 years since this case was decided. But we’re still pretty much facing the same problems today with a pandemic that they were facing with smallpox back in 1905. I kind of sorta doubt that the high court is going to go back on this one.
The way I see it is, if the vaccine kills you, can it be any worse than COVID-19 killing you? Roll up the sleeve or drop the drawers, and get ready. You could be getting a shot in the next year or so!
Carry on world…you’re dismissed!