Mandatory Vaccination in the United States: A Past and Present Examination of Jacobson v Massachusetts

Mandatory vaccination is an extremely controversial topic because it violates constitutionally protected right to practice religion and personal beliefs in the absence of the true health emergency (First Amendment of the Constitution). The new law destroys the individual rights of parents to make voluntary decisions in the best interest of their children in the health care decisions and diminishes the role of parents in upbringing and educating their children (Skov).

Between 1924 and 2013, vaccinations prevented 103 million cases of polio, measles, rubella, mumps, hepatitis A, diphtheria, and pertussis (Bailey). Vaccinating is “the process by which pathogenic cells are injected into a healthy person in an attempt to cause the body to develop antibodies to a particular virus or bacterium—successful creation of antibodies is referred to as immunity to the disease caused by the particular pathogen” (Introduction to Should Vaccinations be Mandatory). Popular conflicts regarding vaccination include the worry that this form of immunization isn’t natural, the idea that vaccination schedule for children in the U.S. takes away parents’ rights to make decisions for their children, and the concern that vaccinations aren’t safe for all children. Most doctors and scientists advocate for vaccinations in the name of herd immunity, protection against foreign diseases and prevention against pockets of disease outbreaks. Vaccinations should be mandatory for all children in the United States for who they are deemed safe and effective.

Parents face many different decisions when raising a child; some decisions are trivial, and others can be controversial. Whether or not to vaccinate a child is one of the most controversial choices. So controversial, in fact, that there is a political conversation of making immunizations a requirement. Many people support the movement of making vaccinations mandatory. Proponents argue that vaccines save lives, vaccine-preventable diseases have not been eradicated, and vaccines protect herd immunity. Many people also disagree with the possibility of required vaccinations. Opponents argue that vaccines cause harm, immunity by vaccinations is inferior to natural immunity, and government policies should not dictate personal medical choices.

In the 1905 Supreme Court case of Jacobson v. Massachusetts, the court ruled that the state had the right to compromise a person’s right to due process in the name of the common good of society. This case was controversial because it brings up a question of whether or not the ruling was ethical. More than one hundred years later, the ruling still plays a role in the authority of public health officials and has been stated as the most influential case for public health thus far. In today’s law the Jacobson ruling can be seen in smoking bans across the nation, as well as seatbelt and helmet laws.

Mandatory vaccinations have been hotly debated in the United States for over two centuries, making the argument almost as old as the country itself. As early as 1809, Massachusetts became the first state to mandate the world’s premiere vaccine. Authorities recognized the life-saving benefits of the smallpox vaccine. They chose to require inoculation to protect the community from further outbreaks. Public outrage ensued as some community members feared the new vaccine and believed they should be able to choose if they wished to receive it. The most vocal protestors formed anti-compulsory vaccination groups and were successful in getting laws overturned in many states. However, even the United States Supreme Court has upheld states’ rights to require immunization. (A) Vaccinations should be

While supporting the voluntary immunization for children and defending the right to have information regarding the risk involved with vaccines, the National Vaccine Information Center (NVIC) oppose the elimination of or possible barriers of entry to obtain Non-Medical Exemptions. In an effort to reduce vaccine related injuries and/or death and support those who do not want to receive vaccines due to personal, spiritual, or religious beliefs, the NVIC supports the right to Non-Medical Exemptions. The primary purpose of this paper is to analyze the safety, efficacy, and economic burden of vaccines, as well as the right to choice in regards to Non-Medical Exemptions.

In Jacobson, the Supreme Court upheld a Massachusetts law that gave municipal boards of health the authority to require the vaccination of persons over the age of 21 against smallpox, and determined that the vaccination program instituted in the city of Cambridge had “a real and substantial relation to the protection of the public health and safety.” In upholding the law, the Court noted that “the police power of a State must be held to embrace, at least, such reasonable regulations

In the 1850s the first school vaccination requirement were enacted to prevent smallpox. Federal and state efforts to eradicate measles in the 1960s and 1970s motivated many to mandate policies. By the 1990s, all 50 states requirement for children to be enrolled in school must receive certain immunizations and if these requirements were not met than children were not allowed to be enrolled in school (Center for Disease Control Prevention, 2010). For example, in the state of California, private public school or daycare cannot admit children unless vaccinations were received for all ten of the diseases. If the California Department of Public Health implements a requirement for vaccination parent can be allowed to obtain personal belief exemptions that would allow parents to opt out of vaccination for their children if form is filled out by healthcare professional that states vaccinations were countered to personal beliefs. This law has not been implemented as of yet but should be in 2016. The healthcare of policy decision in laws can have an influence on individuals based on the decision that are made. Health care policy and issues can affect providers and patients in many different ways. Stakeholders’ in the policymakers for vaccination main concern is the safety and health of children so the implement exemptions of laws from concern about vaccine

“Prevention is better than cure.” This common statement could not relate any better than it does with the controversy surrounding the morality, effectiveness, and safety of childhood immunizations. The major argument is whether or not laws should be established to declare vaccination mandatory for all children. “The US food and Drug administration (FDA) regulates all vaccines to ensure safety and effectiveness,” (ProCon.org, 2012) therefor there should not be any reason to risk the health of any child. Vaccinating our children not only ensures their safety but also that of their future to come.

At the end of the 19th century, anti-vaccinators started to show up in the United States of America. This was largely due to the smallpox outbreak. In 1902, Cambridge’s board of health required that all the citizens had to get the vaccination. After it was taken to the Supreme Court, they ruled in favor of the states: “State could enact compulsory laws to protect the public in the event of a communicable disease” (“History of Anti-Vaccination”). This was the first Supreme Court case regarding public

Compulsory immunizations for public school enrollment are necessary to prevent highly communicable childhood diseases. This has been much debated since the early 1900’s and has recently made a resurgence through the anti-vaccine movement. The case in 1905, Jacobson v. Massachusetts, Jacobson argues that a person’s liberties are infringed upon by requiring mandatory immunizations (Mariner, Annas, Glantz, 2005). The court’s decision to allow the state to impose mandatory small pox immunizations was based on the justification that it was for “the safety of the general public” (Mariner, Annas, Glantz, 2005).

Vaccines save lives; fear endangers them. Vaccinations have been used since the 18th century to cure various deadly diseases, from smallpox to the influenza virus. On a global level, vaccination is one of the few cost-effective medical measures that result in universal benefit. Yet there have always been those opposed to vaccinations because of possible side effects. With the increase in technology and the ability to share ideas in modern society the anti vaccine movement has flourished making the eradication of disease and safety of the public a difficult task. The anti-vaccine movement in the United States is one which brings about a very serious issue of safety. Vaccinations are put in place to protect people; they are administered by trained professionals who weigh the costs and benefits of vaccines. Yet there are still people out there who refuse to be vaccinated out of fear and therefore decide for themselves the effectiveness of vaccines. In order to ensure a safe society the public needs to be educated about vaccine in order to make a truly informed decision.

There are no federal laws in place to regulate vaccines for children, but every state has requirements for children being enrolled into the public school system. Some parents believe that vaccines are more harmful than beneficial, they feel forced into having their kids immunized just to attend school. They believe that adverse reactions from vaccines can lead to serious conditions, such as autism. However, extensive studies were conducted and no link was made between vaccines and autism. Vaccines have saved millions of children’s of lives opposed to the number of vaccine induced adverse reactions, only 48 of the states allow religious exceptions from vaccinations while 19 have philosophical exemption’s.

To fully understand the argument for mandated vaccinations, it is important to understand how different States define the word, “mandate,” and the Supreme Court’s reasoning behind upholding vaccination laws. Many would associate the word “mandate” with an order or command, or something that signifies requirement or inexcusableness, but States’

Imagine two children; one who has been completely vaccinated, and the other has never been vaccinated. Both children fall ill from the same virus, but the child who had been vaccinated fully recovers, while the child who was not passes away due to complications. That child’s life could have been saved if the child received the proper vaccinations. Ever since the invention of the Smallpox vaccine more than two centuries ago, there has been an abundance of controversy over the morality, ethics, effectiveness, and safety of vaccinations and immunizations. It has recently been argued whether laws should be introduced that render some or all vaccines mandatory for all children. Parents, health care specialists, nurses, teachers, and children