Lawyer says states can fine or jail people who won’t get vaccinated

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There are three different vaccines in the third round of trials in the race to address coronavirus. Half the nation said in polls that they won’t get vaccinated – at least, not to start. Attorney Dov Fox said people probably won’t have a choice, according to News10 local.

Fox is a law professor and the director of the Center for Health Law Policy and Bioethics at the University of San Diego and he weighed in on the possibility of states forcing people to be vaccinated under threat of fines or imprisonment.

“States can compel vaccinations in more or less intrusive ways,” he said in an interview. “They can limit access to schools or services or jobs if people don’t get vaccinated. They could force them to pay a fine or even lock them up in jail.”

So, they think they can take our jobs away or put us in jail???

Isn’t that unconstitutional?

Fox said France puts people in jail. In the states, it hasn’t been done, but since 1905, according to a Massachusetts ruling, people could be fined for not getting a Smallpox vaccination.

That case formed the legal basis for vaccine requirements at schools and has been upheld in subsequent decisions.

“Courts have found that when medical necessity requires it, the public health outweighs the individual rights and liberties at stake,” Fox said.

MIGHT NOT BE THE BEST POLICY

Fox agreed that ordering vaccinations might not be the best public policy. He also said the current makeup of the Supreme Court could mean it would be found unconstitutional.

Opponents of a federal mandate would cite the Supreme Court’s 2012 decision on the Affordable Care Act, Fox said. In that case, the justices ruled that Congress could not use its powers to regulate interstate commerce to require people to buy health insurance, even though the ACA’s individual mandate was ultimately upheld on separate grounds.

That means the U.S. could have a patchwork of different vaccine requirements in different states.

Religious exemptions are not guaranteed under the 1st Amendment.


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Bev
Bev
4 years ago

No coronarvirus vaccine protects us from infection.This would be a rushed vaccine ‘trial’ without any scientific evidence of its safety or long-term effects on humans.

Lawrence
Lawrence
4 years ago

Since the Roberts Court has struck down the First Amendment’s Free Exercise of religion Clause, I see no reason why they would not overturn the Fourth Amendment’s “right of the people to be secure in their PERSONS, houses, papers and effects”. The Constitution never granted the Supreme the sole right to determine the constitutionality of something. That power was usurped in 1803. The question is how many millions of Americans are they willing to kill this time to ignore the Bill of Rights, and is the guy with the needle willing kill me to die trying to stick it in.

groundcrewjw
4 years ago

What that “legal expert” can’t tell you is what the CDC says about the success from last year’s flu vaccine. THEY said last year’s vaccine only worked 10% of the time. Which appears to be the standard for a simple type A influenza virus.

So given that this is more complicated it will likely have lower success rates. And we are suppose to allow draconian measures for something that barely works. Imagine getting only 10% of your school questions answered correctly.

Have no fear America… Supreme Court of the Supreme Court is the people, and it won’t happen.

Arnold Jackson
Arnold Jackson
4 years ago

I you’ve been vaccinated but I have not why are you mad at me? You are safe from me BECAUSE you got vaccinated. It can’t be because I’ll cost taxpayer money if I am ill or injured since I pay for that myself. Stay out of my business.

NHConstitutionalist
NHConstitutionalist
4 years ago

Until they know what underlying health conditions a person may have and their reaction is this would literally be a fatal error with deaths and law suits to follow. The government doesn’t get to play God and neither do the doctors. Use the damn politicians as guinea pigs. Their already full of PC Pig Crap. Lets see how their senile old goats do, before any more senior citizens die from a dubious cure, especially those in care facilities. Fauci and Cuomo can drop their draws first. It’s only appropriate that the pricks get pricked first.

Lydia
Lydia
4 years ago

Unfortunately, the government is mostly immune from lawsuits. I recall reading in Dr. Judy Mikovits book that there is a special court, but every case is handled individually and you can’t use or be informed of arguments from any orevious cases.

I hope to God that President Trump will stand against forced vaccinations. We need him to nominate more constitutionalists to the Supreme Court. How much longer can RBG last?

dadzrites
4 years ago
Reply to  Lydia

Draw up a document saying to the doctor or facility giving the shots that they have to sign the document saying that the so-called vaccine is safe and if it isn’t they are liable in money damages if you are injured, maimed, disabled or die. Let’s see how many sign that document. If they don’t, you don’t get the shot. By the way, it’s not a vaccine. Smallpox was a real vaccine that was inserted into your arm. Polio was a quasi-vaccine administered through sugar cubes. These coronavirus shots are “immunizations”.