https://verdict.justia.com/2020/11/24/mandatory-vaccination-and-the-future-of-abortion-rights

Consider the 1992 Supreme Court decision in Planned Parenthood v. Casey, which characterized the abortion right first recognized in Roe v. Wade as protecting “bodily integrity, with doctrinal affinity to cases recognizing limits on governmental power to mandate medical treatment or to bar its rejection.” As that quotation suggests, “bodily integrity” is a somewhat awkward way of referring to the right to control what goes into or out of one’s body.

Should the right to bodily integrity also protect against mandatory vaccination? We might be tempted to distinguish some of the bodily integrity cases as involving only paternalistic justifications for intrusions. One has a right to avoid unwanted medical care because it is, after all, one’s own health and life at stake. By contrast, mandatory vaccination aims to protect not only the person to be vaccinated but the community that would benefit from herd immunity.

Sounds very likely (to me) that ditching roe v wade would be the first step in repealing these protections. The author even goes on to state it, what a pretentious asshole.

Can abortion prohibitions and mandatory vaccination nonetheless be distinguished? Perhaps they don’t need to be. With Justice Amy Coney Barrett’s recent confirmation having cemented a conservative majority on the Supreme Court, perhaps the abortion right will soon be overruled. If so, Jacobson’s holding allowing mandatory vaccination would no longer be inconsistent with Roe because Roe would be no more.

But don’t count on it. Even if a newly energized conservative Court overrules Roe, it is likely to retain some constitutional protection for bodily integrity.

So long as abortion rights remain on the books, we could reconcile them with the permissibility of mandatory vaccination in two main ways....

How do these people sleep at night having sold their souls for a few dollars. Like a baby prolly.

https://verdict.justia.com/2020/11/24/mandatory-vaccination-and-the-future-of-abortion-rights

Consider the 1992 Supreme Court decision in Planned Parenthood v. Casey, which characterized the abortion right first recognized in Roe v. Wade as protecting “bodily integrity, with doctrinal affinity to cases recognizing limits on governmental power to mandate medical treatment or to bar its rejection.” As that quotation suggests, “bodily integrity” is a somewhat awkward way of referring to the right to control what goes into or out of one’s body.

Should the right to bodily integrity also protect against mandatory vaccination? We might be tempted to distinguish some of the bodily integrity cases as involving only paternalistic justifications for intrusions. One has a right to avoid unwanted medical care because it is, after all, one’s own health and life at stake. By contrast, mandatory vaccination aims to protect not only the person to be vaccinated but the community that would benefit from herd immunity.

Sounds very likely (to me) that ditching roe v wade would be the first step in repealing these protections.