I think part of the theory for requiring vaccination for school attendance is
that you catch the whole population that way. And in the first generation being
vaccinated, their parents all had the diseases.
Vaccination is a case where pretty much every court would find a compelling
interest. There is not just an obvious public health problem here; there is a
huge free-rider problem, as people try to avoid the tiny risk of the vaccine
and rely on everyone else being vaccinated. It is legislatures that have gotten
this entirely wrong.
On Sat, 31 Jan 2015 17:05:37 -0500
Marty Lederman lederman.ma...@gmail.com wrote:
Sorry, I should have done a bit of research on the latter question before
posting. Answer appears to be yes, it's typically merely a condition on,
e.g., attending school (or being a health care worker) -- but even that has
a huge impact on public health, at least where, as in Mississippi and West
Virginia (!), the legislature does not permit religious and personal
exemptions. Info on various state laws at these sites:
http://www.washingtonpost.com/news/storyline/wp/2015/01/30/mississippi-yes-mississippi-has-the-nations-best-child-vaccination-rate-heres-why/
http://www.ncsl.org/research/health/school-immunization-exemption-state-laws.aspx
http://www.historyofvaccines.org/content/articles/vaccination-exemptions
http://www.immunize.org/laws/
http://www2a.cdc.gov/nip/schoolsurv/schImmRqmt.asp
On Sat, Jan 31, 2015 at 4:41 PM, Marty Lederman lederman.ma...@gmail.com
wrote:
http://www.nytimes.com/2015/01/31/us/vaccine-critics-turn-defensive-over-measles.html?hpaction=clickpgtype=Homepagemodule=first-column-regionregion=top-newsWT.nav=top-news
Anyone know whether, in light of increasing public health issues such as
this, have there been any recent proposals in state legislatures to repeal
vaccination exemption provisions? If so, have they met with any success?
Also, I assume that the laws in most states merely condition certain
public benefits, especially access to public education, on being
vaccinated. Is that correct, or do some states require vaccinations
simplicitur?
Douglas Laycock
Robert E. Scott Distinguished Professor of Law
University of Virginia Law School
580 Massie Road
Charlottesville, VA 22903
434-243-8546
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