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The vaccine isn't 100% safe nor 100% effective and as such it should be voluntary. End of story.
Because it's a state law and that case was also about a state law mandating vaccines that established precedent... Personal liberty is not absolute in the US.
Though to be clear you weren't forcibly jabbed on objection, just had to pay a fine.
There is no religious exemption. The only medical exemption is anaphylaxis to the flu vaccine or component. All workers are required to get it, regardless of patient contact.
What do you think? Does this violate federal law? Does it violate religious freedom? Does it violate the ADA? Does the ends of possibly reducing flu justify the means?
Does this violate federal law?
No.
Does it violate religious freedom?
No. None of the major religions in the US outright ban vaccination.
Does the ends of possibly reducing flu justify the means?
A health care worker who does not understand the need to reduce the chance s/he might infect a patient with flu should not be working in a health care setting. Few in such a setting will have absolutely no patient contact. In addition, sick employees cost the employer money and make it hard to maintain staffing. This year, someone who catches flu will have to be evaluated for COVID-19, putting additional strain on resources.
Supreme Court disagreed in Jacobson v. Massachusetts. If the state can draft you to fight a war, it can draft you to fight a virus too for the common defense.
It’s not really the same issue and the case id over 100 years old. The interesting thing here is that federal law says the employer needs to give you a religious exemption.
It’s not really the same issue and the case id over 100 years old. The interesting thing here is that federal law says the employer needs to give you a religious exemption.
What's age got to do with it? Throw out the Constitution too?
What's age got to do with it? Throw out the Constitution too?
It was a very situational case and none of the current laws or constitutional rules were in place at the time. For example, it long before Roe, which established a privacy right in body autonomy. That's just one example. At the very least, it's probably time for the issue to be revisited.
When I worked at the hospital, you had to get a flu shot or you could not work. They also had to get HepB and TB test. Not sure if there were religious exemptions though.
I disagree with forced vaccines, but I don't see this as a constitutional issue. It's basically get the flu shot or we fire you. Which I guess they can do, nothing in the constitution forbids that.
Now it would be different if the NJ government told all citizens they need to get a vaccine or cannot go outside without going to prison.
I disagree with forced vaccines, but I don't see this as a constitutional issue. It's basically get the flu shot or we fire you. Which I guess they can do, nothing in the constitution forbids that.
Now it would be different if the NJ government told all citizens they need to get a vaccine or cannot go outside without going to prison.
In a way it’s like saying, “if you don’t get a vaccine you can’t pay your bills”. I do think it could be construed as a denial of life, liberty and the pursuit of happiness.
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