Description
In Jacobson vs. Massachussets, which was decided by a 7-2 Supreme Court vote the Justice worte: "The good and welfare of the Commonwealth of which the legislature is primarily the judge, is the basis on which the police power rests in Massachusetts," Harlan said "upon the principle of self-defense, of paramount necessity, a community has the right to protect itself against an epidemic of disease which threatens the safety of its members." The case involved required smallpox vaccinations.
In 1902, Pastor Henning Jacobson, refused to be vaccinated . In state court, Jacobson argued the vaccine law violated the Massachusetts and federal constitutions. The case involved the city of Cambridge, Massachusetts fining residents who refused to receive smallpox injections. The Court agreed that the fine was not unconstitutional.
in 1922 in Zucht v. King, SUPREME COURT Justice Brandeiss made reference to this case when deciding the issue of mandatory school vaccines.
This article is only for reference on past history of the subject .
Discussion
By posting you agree to the Terms and Privacy Policy.