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Joined: 02/27/2004 Posts: 1867
Likes: 1994

Jacobson is in no way all about "FDA approval"

Jacobson was decided in 1905. There was something called the Department of Chemistry (or something like this) but even that group wasn't given its initial regulatory power until 1906 -- and FDA in its current form wasnt created until the 1930's. Saying Jacobson was specifically tied to FDA approved vaccines or even something analogous is absolutely not accurate. It is a case where the court listened to medical experts on multiple sides and based on that -- made a statement about what a state may mandate if it reasonably believes it is needed for health and welfare.

Now -- one certainly can try and argue that COVID vaccination does not cross this threshold -- that the health concerns are just not big enough in this case for the policy. I think it definitely is and I think there is enough credible scientific opinion on this that it isn't even a close call -- but that is the real argument.

Will an EUA argument be invoked in a legal debate? Sure -- but frankly, I think not only will that aspect mean very little -- it could actually cut the other way. The fact that COVID is serious enough that it required this kind of emergency action supports the notion that it is a serious enough health issue such that schools have reason to feel compelled to mandate (with certain exceptions) the vaccines in an effort to better protect their community. That is what Jacobson -- again pre-FDA Jacobson -- and many subsequent have been all about.

(In response to this post by EAPo)

Posted: 07/09/2021 at 09:53AM


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Current Thread:
  This is just dumb. -- Faz d. Hoo 07/08/2021 9:50PM
  Because it is inapposite ** -- EAPo 07/09/2021 01:13AM
  I am vaxxed and I don't agree with a mandate... -- HiltonHeadHoo 07/08/2021 8:08PM
  Whichever one of you nuked it, I get it. -- hooshouse 07/08/2021 7:27PM
  Kevin Bacon? ** -- Saratoga Hoo 07/08/2021 5:45PM
  All is well! ** -- MBHoo 07/08/2021 7:09PM
  (He requires 7 feet of separation) ** -- BilldaHoo 07/08/2021 6:36PM
  What if? There aren’t! ** -- HoosAC 07/08/2021 9:46PM
  There isn't. ** -- Seattle .Hoo 07/08/2021 8:35PM

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