Baumgardner: COVID CASES ARE ON THE RISE, VACCINATION RATES HAVE SLOWED, AND TWITTER IS TAKING OFF WITH THEORIES ABOUT A NATIONAL VACCINE MANDATE.

WHILE ANYONE CAN PLAY AN EXPERT ON SOCIAL MEDIA, I SPOKE WITH AN ACTUAL EXPERT WHO LAYS OUT PRETTY CLEARLY WHAT THE GOVERNMENT CAN AND CAN’T DO WHEN IT COMES TO VACCINATIONS.

HERE’S HEALTH LAW PROFESSOR GEORGE ANNAS, WITH BOSTON UNIVERSITY.

Annas: “There’s no way you can require people to get vaccines in the sense of actually holding them down and jacking them. That’s not that’s not going to happen. There’s no authority for that.”

Baumgardner: NOW THAT WE HAVE THAT OUT OF THE WAY…WHAT AUTHORITY DOES THE GOVERNMENT HAVE?

WELL, QUITE A BIT…. DEPENDING ON THE OFFICE.

LET’S START WITH THE TOP SPOT. 

POTUS: “And you want to know how we put this virus behind us? I tell you how, we need to get more people vaccinated.”

Baumgardner: BUT HOW TO DO IT….CAN PRESIDENT BIDEN FORCE EVERY AMERICAN TO GET A COVID VACCINE?

Annas: ‘’No, I mean, the simple answer to that is no.’’

Baumgardner: HE SAYS THE PRESIDENT DOES NOT HAVE THE POWER TO ISSUE A SWEEPING FEDERAL VACCINE MANDATE- COVID OR OTHERWISE.

BUT HE DOES HAVE POWER OVER THE MILITARY, IMMIGRANTS, AND FEDERAL EMPLOYEES.

FOR THOSE GROUPS- HE CAN REQUIRE COVID VACCINES…AND HE’S STARTING TO IMPLEMENT THIS ALREADY.

BUT WHAT ABOUT FOR THE REST OF US?

LET’S HEAD TO CONGRESS.

LIKE THE PRESIDENT, CONGRESS CAN’T ISSUE AN OUTRIGHT MEDICAL MANDATE.

BUT THEY CAN PUT PRESSURE ON STATE GOVERNMENTS BY WITHHOLDING FEDERAL FUNDS UNLESS A STATE MANDATE IS PUT IN PLACE.

AND THEY’VE DONE IT BEFORE. THIS STRATEGY IS HOW CONGRESS CREATED MEDICARE AND MEDICAID.

WHEN IT COMES TO VACCINATIONS…THE GREATEST POWER LIES WITH THE STATES. AND IT’S BEEN THAT WAY FOR MORE THAN A CENTURY.

 LET’S TAKE A LOOK AT THE COURT CASE HENNING JACOBSON V. MASSACHUSETTS.

Annas: “Some people still think // it’s the most important public health case in our history, even though it’s more than 100 years old now.’’ 

Baumgardner: THIS HAPPENED DURING THE SMALLPOX EPIDEMIC IN THE EARLY 1900s. MASSACHUSETTS LAW GAVE CITIES THE AUTHORITY TO ENFORCE MANDATORY VACCINATIONS. WHICH THE CITY OF CAMBRIDGE DID… AND ANYONE WHO DIDN’T COMPLY WAS FINED 5 DOLLARS… ABOUT $160 TODAY.

Annas: “And so most people did get vaccinated. Jacobsen refused, and, and took it to court. And ultimately, the US Supreme Court said that states have the police powers // to protect their citizens. And one way they could do this was to require a vaccine.’’

Baumgardner: SO JACOBSON PAID THE FINE…AND HIS CASE SET A SUPREME COURT PRECEDENT FOR STATE VAX AUTHORITY THAT STILL HOLDS UP TODAY.  But it also SET LIMITATIONS.

-STATES CAN’T PHYSICALLY FORCE VACCINE INJECTIONS… BUT THEY CAN PENALIZE UNVAXXED CITIZENS WITH THINGS LIKE FINES OR LIMITATIONS ON WHERE YOU CAN WORK.

-AND  STATES HAVE TO ALLOW EXCEPTIONS… FOR MEDICAL REASONS AND SOMETIMES RELIGIOUS. 

SINCE 1906, STATE AUTHORITY EXPANDED TO require VACCINATIONs FOR PUBLIC SCHOOL CHILDREN with LAWS in ALL 50 STATES.

BUT GETTING ALL 50 STATES TO ISSUE A COVID VACCINE MANDATE SEEMS HIGHLY UNLIKELY, GIVEN THAT NO STATE LEGISLATURE HAS EVEN TRIED. 

WHAT DO YOU THINK ABOUT THE GOVERNMENT MANDATING A COVID VACCINE?

LET ME KNOW IN THE COMMENTS BELOW. 

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