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been challenged and upheld, including in the very famous case of Buck v. Bell, which allowed for mandatory sterilization of the unfit, including the intellectually disabled. Justice Oliver Wendell Holmes, in upholding compulsory sterilization, fol- lowed the precedent from Jacobson, stating quite bluntly that “three generations of imbeciles are enough.” Some who drive around in squad cars all day may find that type of language to be amazingly relevant; however, I mean not to digress here.
Hence, vaccination mandates appear to be constitutional. The current makeup of the Supreme Court has shown very lit- tle interest in adjudicating into this area, as they have refused to even review any of the cases brought before them to estop a mandatory vaccination policy. However, not all courts have refused to wade into this slippery pool and recently, compul- sory mandates have been struck down.
Most recently, the United States Court of Appeals for the 5th District in New Orleans held that OSHA’s mandatory vacci- nations had “grave statutory and constitutional issues,” and the court permanently enjoined, or stopped, OSHA. Now this does not mean it will stand. Other districts could, and prob- ably will, rule the opposite way, making for what is called a split among the districts and thus requiring relief from the Su- preme Court. This will be very interesting as to what the court will do, as it is obvious, no matter where one stands on the issue, that clarity and uniformity are needed.
The interesting part is that it all goes back to Reverend Jacobson. Smallpox is a disease. It is estimated by some ex- perts that smallpox has killed more people than all other in- fectious diseases combined. Most importantly, the smallpox
vaccination actually prevents the disease by making one im- mune. The last reported case of smallpox was in 1978 in En- gland. Smallpox, through vaccinations, has been eradicated. COVID-19 is not a disease, it is a virus. And as we have learned, the COVID-19 shot does not prevent one from getting the vi- rus but supposedly lessons the symptoms. Will the Supreme Court find, from a legal standpoint, that this is a distinction without a difference? Or will this be a basis to strike down the mandatory vaccination laws?
For Chicago Police Officers, a judge has already ruled in favor of the FOP, holding that the vaccination mandate must first be subject to collective bargaining. The court did not offer an opinion on the constitutionality of the vaccine, but rather ruled that the City’s policy violated labor law. When an em- ployer changes the conditions of employment, the employer must first bargain with the representative union. Hence, we do not have to be vaccinated by Dec. 31; however, the judge did not enjoin the portal — yet.
The decision to get the vaccine is a personal one that each person must grapple with. Many have sincere religious and moral objections to the shot, while others believe it is in the public good to get as many vaccinated as possible. The real question is whether the Constitution sees it that way. We shall see.
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