Alan Dershowitz was wrong on Tucker and his prior interviews about “forced” vaccinations. The U.S. Supreme Court has upheld a monetary fine for refusal, but it didn’t order the Plaintiff to be injected.
A COVID-19 vaccine penalty would still require the state to show public safety justifies requirement and whether that is enforceable by *reasonable* regulations.
Claiming the state can round up people and “plunge a needle into their arm” is grossly overdramatic and misstating Jacobson v. Massachusetts (1905), a case that dealt with an ordinance requiring a smallpox vaccination due to the epidemic.
The Massachusetts Supreme Court held the regulation was constitutional because the worst thing that could happen is a measly fine. They said, “If a person should deem it important that vaccination should not be performed in his case, and the authorities should think otherwise, it is not in their power to vaccinate him by force, and the worst that could happen to him under the statute would be the payment of $5.”
The U.S. Supreme Court agreed and upheld the monetary fine, 7-2.
It also noted that the vaccination law applied temporarily, “only when, in the opinion of the Board of Health, that was necessary for the public health or the public safety.”
The High Court also cautioned:
“The police power of a State, whether exercised by the legislature, or by a local body acting under its authority, may be exerted in such circumstances or by regulations so arbitrary and oppressive in particular cases as to justify the interference of the courts to prevent wrong and oppression.”
To be clear, President Trump has never suggested mandatory vaccinations. If *states* were to try to require it, it is not a foregone conclusion ANY regulation would be constitutional.
Dershowitz is getting way ahead of himself to argue a state mandating a COVID-19 vaccine would be upheld unanimously. There are still available arguments, not to mention an American public that would never stand for it.
But no state should even try. It should be a voluntary, personal choice.
Alan Dershowitz says states have the power to force vaccinate us!
Constitutional Law Attorney @JennaEllisEsq responds and WARNS Democrat Governors may have an agenda.
— David J Harris Jr (@DavidJHarrisJr) May 21, 2020
I shared this and a lot more on my podcast with David J Harris Jr. Here is the link for Spotify and iTunes: