CalWSportsFan said:
There's also strong Supreme Court precedent supporting vaccine mandates:
The Surprisingly Strong Supreme Court Precedent Supporting Vaccine Mandates
Quote:
The year was 1904, and when his politically charged legal challenge to the $5 fine for failing to get vaccinated made its way to the Supreme Court, the justices had a surprise for Rev. Jacobson. One man's liberty, they declared in a 7-2 ruling handed down the following February, cannot deprive his neighbors of their own liberty in this case by allowing the spread of disease. Jacobson, they ruled, must abide by the order of the Cambridge board of health or pay the penalty.
"There are manifold restraints to which every person is necessarily subject for the common good," read the majority opinion. "On any other basis, organized society could not exist with safety to its members. Society based on the rule that each one is a law unto himself would soon be confronted with disorder and anarchy."
[url=https://www.politico.com/news/magazine/2021/09/08/vaccine-mandate-strong-supreme-court-precedent-510280][/url]
'71 redux. Stop playing lawyers guys. The precedent set in
Jacobson has never been overturned but also is not on point, as that the court was deciding the constitutionality of a law, as opposed to the legality of the Governor or Washington issuing an executive order. There is express language that "a state can enact a compulsory vaccination law, and it is for the legislature, and not for the courts, to determine." Without going into a separation of powers discussion, there is a huge difference between an arbitrary act by a public official and a legislative mandate.
The other issue is the application of superseding federal statutes which require accommodation based on medical reasons or sincerely held religious belief. I don't know the specifics of Rollo's arguments, but I suspect his lawyers will make the case that the AD does not have the right second guess his beliefs or medical issues. That is a facts and circumstances determination, and Rollo may not prevail in proving his claims were legit or made in good faith.
For those that care, the legal articles have dismissed Jacobson because it doesn't apply to Biden's federal mandate, and its reliance on legislative action. Relying on a agenda based rag like Politico for legal opinions is dangerous,.
There is another side to this as well. The AD said Rollo was fired for not following the Governor's order to get vaccinated. But under most labor laws in most states, employers have the right to set their terms and conditions of employment including mandating vaccines. If a worker doesn't comply, a company can give them the ax. This typically meets the legislative mandate requiement. This also applies for COVID-19 vaccinations, according to a recent Equal Employment Opportunity Commission ruling. This is statutory and administrative law, which a court admittedly can declare void constitutionally, depending on the terms of the law or ruling. The courts can also determine that portions of these laws not applicable due to other federal or state laws, such as accommodation based on medical reasons or sincerely held religious belief. Indeed, there are plenty of health care workers who have LEGALLY not had C-19 vaccines on medical or religious grounds currently in California. I don't know enough about Rolo's objections to comment in the instant case. As I said in another thread, as a matter of public policy, I support the employer's right to impose a vaccination mandate on employees who interact with other employees and the public generally.