COVID-19 Vaccination Mandate A Court Case in the Making

Dave Emanuel

Hospital executives and the doctors who serve in emergency rooms and Intensive Care Units (ICUs) have grave concerns. As COVID-19 infections continue to rage, their facilities are overwhelmed. And with most, if not all
beds already taken by unvaccinated COVID patients, they are unable to treat patients with injuries and non-COVID illnesses. But Biden’s vaccination mandate may be a court case in the making.

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An example of that concern is exemplified by Trent Lind, CEO of the Piedmont Eastside in Snellville, GA. According to Lind,

“Across Piedmont Healthcare’s 16 hospitals, 95% of the patients with COVID are unvaccinated. More than 94% on ventilators are unvaccinated. And, most importantly, more than 99% who have died from COVID were unvaccinated.”

Trent Lind

What vaccination can and cannot do

Data shows that although vaccination does not prevent infection from spreading from one person to another, it does significantly reduce transmission rates. Vaccination also keeps people out of the hospital and out of the morgue; it has been statistically demonstrated to save lives and reduce the misery of COVID infection.

Vaccinations were not created to stop the transmission of a disease from one person to another- something they cannot do. Their purpose is to prevent a person from suffering from a disease. They do so by providing the immune system with the firepower it needs to stop the effects of infection. That is, the immune system doesn’t fire up its fight against infection until an infection exists. The transmission of the COVID virus from vaccinated people is therefore no surprise.

Also of no surprise is that the unvaccinated comprise the overwhelming number of people hospitalized as a consequence of being infected by COVID-19. A CDC study of data supplied by 13 jurisdictions covering the
period of April 4 to July 17, 2021, mimics the statistics cited by Lind; over 90% of COVID cases, hospitalizations and deaths were among the unvaccinated.

A vaccination rate of 80% to 95% of the population is needed to achieve the condition (often referred to as herd immunity) wherein so many people are vaccinated that the disease du jour has no choice but to wither and die.
“Herd immunity” is precisely the condition that defeated smallpox in the early 1900s. Yet in spite of the proven efficacy of vaccinations, “anti-vaxxers” are nothing new, and neither are court decisions upholding the legality of vaccine mandates.

History from Smallpox Pandemic

Smallpox is the disease that led to the 1905 Supreme Court’s 7-2 ruling in Jacobson v Massachusetts that confirmed a government’s power to mandate vaccination. Justice John Marshall Harlan, writing the majority opinion stated,

“There is, of course, a sphere within which the individual may assert the supremacy of his own will and rightfully dispute the authority of any human government, especially of any free government existing under a written constitution. But it is equally true that in every well-ordered society charged with the duty of conserving the safety of its members the rights of the individual in respect of his liberty may at times, under the pressure of great dangers, be subjected to such restraint, to be enforced by reasonable regulations, as the safety of the general public may demand.”

John Marshall Harlan

Jacobson is the case most frequently cited as the validation for the federal government’s proposed mandate for COVID vaccinations. The Supreme Court unanimously reaffirmed the Jacobson decision in the 1922 case of
Zucht v. King, wherein Justice Lewis Brandeis stated,

“Jacobson v. Massachusetts had settled that it is within the police power of a state to provide for compulsory vaccination.”

Justice Lewis Brandeis

But Justice Brandeis also stated:

“The greatest dangers to liberty lurk in the insidious encroachment by men of zeal, well
meaning but without understanding.”

Justice Lewis Brandeis

Biden’s vaccination mandate is likely unconstitutional and a court case waiting to happen

Screenshot- is Biden’s order even legal?

Yet in both Jacobson and Zucht, the justices’ opinions specifically noted the right of state or local governments- not the federal executive branch and a group of bureaucrats- to enforce a vaccination mandate. That may seem a
moot point, however, there is a significant difference between a state or municipal government passing a law, and a president ordering enforcement of an executive decision by a group of unelected bureaucrats.

Such a precedent is a giant step on the road to despotism and it is arguably unconstitutional. If the president, as opposed to a legislative body, can enforce a nationwide vaccination mandate, what’s next? That a president,
on a whim, can mandate that anyone infected with a disease must be quarantined in a federal facility? Or that anyone who is unvaccinated can be arrested and taken to a facility where they will remain incarcerated unless they agree to “take the shot”?

The prudence of receiving a COVID-19 vaccination has been statistically proven. In question is whether an executive mandate is a constitutionally legal method of achieving the vaccination rate needed to defeat the disease. Such a mandate has already been steeped in controversy and it will prove to be effective only at paving a pathway to the Supreme Court. The Court has never sanctioned a vaccine mandate emanating from the federal executive branch, and it has supported court action when regulations are deemed arbitrary and oppressive.

As Justice Harlan concluded in Jacobson v Massachusetts,

“The police power of a State, whether exercised by the legislature, or by a local body acting under its authority, may be exerted in such circumstances or by regulations so arbitrary and oppressive in particular cases as to justify the interference of the courts to prevent wrong and oppression.”

Justice Harlan


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