Brick Layer
VIP Member

The Unconstitutional Federal Vaccine Mandate | The Gateway Pundit | by Katie O'Malley
Many people are objecting to the mandate to get vaccinated and there are a number of lawsuits working through the courts.


Jacobson v. Massachusetts, 197 U.S. 11 (1905)
Jacobson v. Massachusetts: A state may enact a compulsory vaccination law, since the legislature has the discretion to decide whether vaccination is the best way to prevent smallpox and protect public health. The legislature may exempt children from the law without violating the equal protection...

Taken together, the Tenth Amendment and Jacobson leave no doubt that the ability to create vaccine mandates belongs to the states.
For a federal law (or regulation or executive order) to be “supreme”, it must first be Constitutionally permissible. A federal vaccine mandate is void ab initio!
This mandate-disguised-as-a-work-rule is such a cynical attempt to “work around” the federal government’s lack of authority to issue a mandate any federal judge should see through it.
Jacobson is old, bit it is still the law
Jacobson age implies very strong stare decisis (think a snowball rolling down a hill). Any change would re-write the relationship between the states and the federal government, and essentially repeal the 10th Amendment. Truly, if the federal government can use the Interstate Commerce clause to decide what medicine you have to take if you want to be able to work, there is nothing to stop it from preventing you from being employable if you eat French fries, or drink alcohol, or have unprotected sex, or have too many kids, etc.
It’s Not About the Vaccine, It’s about the Unconstitutional Order