COVID-19 Law and Policy Briefings, Series Two: The Role of the Courts: Religious Exemptions and the legacy of Jacobson v. Massachusetts

Abstract

From the onset of the pandemic almost one year ago, the question of the government’s power to mandate public health protections has loomed large in the national conversation. Now, with the prospect of widespread vaccinations becoming a reality, the power (or lack thereof) of lawmakers to require their citizens be vaccinated in the name of public health has become more pressing than ever. We turn to Jacobson v. Massachusetts, the 1905 Supreme Court ruling that upheld the states’ ability to mandate vaccinations. How does Jacobson’s precedent and legacy affect today’s COVID response? What role will it play in the upcoming Supreme Court spring 2021 session? Find out more on this week’s COVID Policy Playbook briefing.