May 15, 2022
Julie Parrish writing for the American Bar Association (ABA) in April 2022 in an article entitled, “Evaluating Compulsory Covid-19 Vaccination Mandates: Judicial or Legislative Review is Necessary to Determine Whether Mandates Without Exceptions for Natural Immunity Should Be Allowed to Stand” asks if there “is a rational basis upon which government can justify a wholesale sweep of large sectors of the workforce and student populations into mandated vaccination under the threat of losing employment, education, or public accommodation access”.
Access the complete article here
The article discusses:
- Historical Vaccination Requirements Treated Vaccine and Naturally-Acquired Immunity Against Communicable Diseases Equally; Post-Covid-19 Policies Disregard Past Practices
- “Covid-19 Vaccine Mandates Go Beyond Police Powers Granted by Jacobson v. Massachusetts; State Policies No Longer Meet the Rational Basis Test
- Courts and Legislative Bodies Should Work to Further Secure the Rights of Individual Privacy and Medical Choice Free from Compulsory Vaccination Requirements
- Courts Should Recognize Privacy Rights Regarding Vaccination Decisions and Apply Strict Scrutiny When Evaluating Covid-19 Vaccine Mandate Cases
- State Legislatures Should Pass Substantive Vaccine Policies Which Include Language to Better Protect Individual Freedoms and Privacy Rights”
