Right this moment, a Seventh Circuit panel, per Decide Easterbrook, upheld Indiana College’s vaccine mandate. (Eugene blogged about it right here). The Court docket distinguished the school-wide mandate at problem in Indiana with the population-wide mandate in Jacobson:
Second, Indiana doesn’t require each grownup member of the general public to be vaccinated, as Massachusetts did in Jacobson. Vaccination is as a substitute a situation of attending Indiana College. Individuals who don’t wish to be vaccinated could go elsewhere.
Greater than a century in the past, Henning Jacobson agreed. He argued earlier than the Supreme Court docket that school-wide vaccine mandates are permissible, as a result of colleges can select who attend. Against this, Jacobson argued towards the population-wide mandate.
Right here an excerpt from his temporary:
Keep tuned for extra, from my forthcoming article, The Irrepressible Fable of Jacobson v. Massachusetts.