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Case Law that supersedes Jacobson regarding Vaccine Mandates

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posted on Sep, 28 2021 @ 09:34 PM
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Body Autonomy Is Protected By The Constitution
The government cannot force you to save someone else’s life against your will.

There are no other instances in American law where the rights of one person supersede the body autonomy of someone else.

The government cannot force you to give blood or bone marrow to someone else, even to save the life of a baby. You cannot take organs from a dead person without their express prior consent, no matter how many lives it might save to do so.

Body autonomy is a critical component of the right to privacy protected by the Constitution, as decided in Griswold v. Connecticut (1965), McFall v. Shimp (1978), and of course Roe v. Wade (1973).

The case, McFall v. Shimp (1978), ruled that a person could not be legally compelled to participate in medical treatment to save another person's life.

Here is a great write up from the Harvard Law Review.

hulr.org...

It’s a great read. Another great read is this site:


medium.com...

What these cases basically say is you can’t be legally obligated to accept a medical treatment to possibly save someone else’s life. So the Biden vaccine mandate IMO make the argument that’s it’s about saving other peoples lives. It’s not about your freedom. But the SCOTUS has ruled 3 times 70 years after Jacobson that you can’t force someone to take a medical treatment to possibly save another persons life.

It’s pretty cut and dry. Biden’s vaccine mandates are unconstitutional per precedent and 3 SCOTUS CASES after Jacobson.



posted on Sep, 28 2021 @ 10:05 PM
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True but when has the constitution ever mattered to the tyrannical administration currently destroying our great nation?




posted on Sep, 28 2021 @ 10:29 PM
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Too bad Americans are not interested in their rights these days. Give them free money and all is settled, but first burn down their cities.



posted on Sep, 28 2021 @ 10:44 PM
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a reply to: Brassmonkey

Thanks for posting. Case law is key.



posted on Sep, 28 2021 @ 10:45 PM
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a reply to: Brassmonkey

Loopholes

Biden is mandating that OSHA, via workers health, obligate businesses.

However OSHA has never done this before thus I predict he would lose in court.


There is precedent where states can vax mandate however.



posted on Sep, 29 2021 @ 12:26 PM
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a reply to: Brassmonkey

You're missing the point. Body autonomy is constitutionally protected, the right to enjoy face to face services from a licensed business is not.



posted on Sep, 29 2021 @ 02:35 PM
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originally posted by: TzarChasm
a reply to: Brassmonkey

You're missing the point. Body autonomy is constitutionally protected, the right to enjoy face to face services from a licensed business is not.


can the businesses be forced to only accept those with some magical paperwork? Or do they get to have freedom of choice in their business practices? I don't dispute your claim. But there is more to it than just your statement.




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