The NPR Politics Podcast The Docket: Vaccine Mandates
Aug 12, 2021
Lindsay F. Wiley, a law professor at American University and expert in health law, dives deep into the multifaceted world of vaccine mandates. She discusses historical cases like the 1905 smallpox vaccination resistance, connecting it to modern debates on individual rights versus public health. Wiley also highlights the tradition of vaccine requirements in various sectors, including healthcare and education. Legal challenges in universities are examined, focusing on student lawsuits and recent Supreme Court decisions, showcasing the evolving legal landscape around vaccination.
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State Vaccination Mandates
- States can mandate vaccinations, like in the 1905 Jacobson v. Massachusetts case.
- Individual rights are not absolute and can be limited by public health needs.
Jacobson v. Massachusetts
- Henning Jacobson, a pastor, challenged a smallpox mandate in 1905 due to perceived ineffectiveness and harm.
- His arguments, similar to some modern anti-vaccine sentiments, were rejected by the Supreme Court.
Federal Vaccination Mandates
- Federal vaccine mandates face different constraints than state mandates due to federalism.
- Federal mandates are expected to utilize incentives and conditions, especially in healthcare settings.