as far as mandating vaccinations, upholding mandatory vaccination, conditioning on going to school, conditioned on going into airplanes, crowded buildings. ultimately, if it became absolutely necessary they would quote george washington in the middle of the revolutionary war who mandated vaccination against smallpox laura: are you saying, i disagree with this analysis. covid-19 is not a smallpox. i don t think you have to overrule the jacobson case. you can distinguish the jacobson case on the basis of the data, mortality, how infectious this is, how many people it s killed. this is not smallpox. it s not a fully approved vaccine, either. neither was the smallpox vaccine in 1905. i think covid is worse than
shouldn t vote. how to strike a balance is difficult. as far as mandating vaccination i think the supreme court would uphold gradual mandating of vaccination, conditioning going to school and being vaccinated for getting on airplanes, going into crowded buildings. ultimately if it became absolutely necessary they would quote george washington in the middle of the revolutionary war the mandated vaccination against smallpox. laura: are you saying i disagree with this analysis. covid 19 is not smallpox. i don t think you have to overrule, you can distinguish the jacobson case on the basis of the data, mortality, infectious, how many people it kills. this is not smallpox. it is not a fully approved vaccine either. neither was the smallpox vaccine in 1905.
completely precedented and we actually have a lot in the books and supreme court from 1905 and people were taking the smallpox vaccine that is absolutely legal and ethical to require vaccinations. so, we are going to work with that because that lack of a vaccination uptake in this country. vaccination uptake in this country- vaccination uptake in this count . . ., ., , country. the delta variant is spreading country. the delta variant is spreading so country. the delta variant is spreading so quickly. - country. the delta variant is spreading so quickly. it - country. the delta variant is | spreading so quickly. it feels like it is a race between that virus and the vaccine. how concerned are you of the variant mutating and becoming even more contagious? it is variant mutating and becoming even more contagious?- even more contagious? it is a very contagious even more contagious? it is a very contagious virus, - even more contagious? it is a very contagious virus, one - even more
a very difficult space. but it also means that private companies become a type of shadow state. they become the vehicle by which the government can do indirectly what it s not doing directly. charles: of course, consent sounds like oxymoronic shrimp. any legal precedence with the federal mandate for vaccinations? has that been tested in the courts? not really. the most important case was the jacobson case in 1905. the supreme court upheld a state in this case massachusetts program for mandatory vaccines. in that case for small pox. we have not seen a test case for a nationwide federal mandatory vaccine program.
professor, a brilliant legal mind, i m glad he s here to help us out with it. good to sigh you. is that coming here? is that a matter of time to come here? that s a good question. the supreme court has only dealt with this on a couple of occasions and in the jacobson case in 1905 was really the main case whether states could impose a mandatory vaccination program and the court said that massachusetts could. in that case was a $5 fine against the gentleman who refused to take the small pox vaccine. and the question whether the united states could have a mandatory program and people are on both sides of the issue. in the united states we tend to leave at much as possible to individual choice. so the question for the court would be the government s compelling interest in a mandatory program and union the