US Supreme Court upholds state power to enforce compulsory vaccination (1905)

  • Interesting line drawn by the ruling. The government can enforce consequences but not forcibly vaccinate.

    >Justice John Marshall Harlan delivered the decision for a 7-2 majority. He rejected Jacobson's claim that the Fourteenth Amendment gave him the right to refuse vaccination. Harlan deemed that the Massachusetts state punishment of a fine or imprisonment on those who refused vaccines was acceptable, but those individuals could not be forcibly vaccinated.

  • If you can show you have the antibody response, you might be able to argue that you've had the vaccination.