Chapter 8.B.1 (or 6.B.1). Constitutional Principles
Notes: The State Police Power and Federalism
Note 2. Interpreting Jacobson.
For a discussion of the implications of Jacobson today, see Wendy Parmet,
Richard Goodman & Amy Farber, Individual Rights versus the Public’s Health – 100
Years After Jacobson v. Massachusetts, 352(7) N. Engl. J. Med. 652
(2005).
Note 5. Compulsory Vaccination and Religious Objections
For a brief discussion of an Establishment Clause challenge to a state
vaccination law that contained a “recognized” religion exemption but no
“philosophical” exemption, see McCarthy v. Ozark School Dist., 359 F.3d 1029
(8th Cir. 2004) (appeal
from lower court decision invalidating religious exemption under establishment
clause found moot in part because Arkansas legislature had broadened the
immunization exemption to encompass philosophical as well as religious
objections; schoolchildren, who sought an exemption to allow them to attend
public school in Arkansas without receiving immunization against Hepatitis B,
received all the relief that they requested).
See also, Marjorie Shields, The Power of
the Court or Other Public Agency to Order Vaccination Over Parental Religious
Objections, 94 A.L.R. 5th 613 (2004).
NEW NOTE 8. Modern Approaches to Vaccination
For a collection of articles on vaccine safety and public health policy, see
Ciro A. de Quadros, The Century of Vaccines, 94 Am J Public Health 910 (2004);
Roger Bernier & Karen Midthun, Getting the Science Right and Doing the Right
Science in Vaccine Safety, 94 Am J Public Health 914 (2004); Rosemary B Quigley,
Uncertain Benefit: The Public Policy of Approving Smallpox Vaccine Research, 94
Am J Public Health 943 (2004); Daniel A. Salmon, Lawrence H. Moulton & Neal A.
Halsey, Enhancing Public Confidence in Vaccines Through Independent Oversight of
Postlicensure Vaccine Safety, 94 Am J Public Health 947 (2004).
See generally, CDC Smallpox, available at www.bt.cdc.gov for revised federal plans for the distribution of smallpox vaccine in the event of a confirmed case. See also, http://www.bt.cdc.gov/agent/smallpox/prep/cdc-prep.asp. For a discussion of the failure of the Smallpox vaccination campaign see Jay Gold Rathbun, The Smallpox Vaccination Campaign of 2003: Why Did It Fail and What Are the Lessons for Bioterrorism Preparedness?, 64 La. L. Rev. 851 (2004). (both websites last visited July 20, 2006)