A Brief History of the Law of Personal Privacy and Bodily Integrity, by Andrew P. Napolitano

The law of mandatory vaccinations is not settled by a 1905 Supreme Court ruling. From Andrew P. Napolitano at lewrockwell.com:

As more governors issue so-called mandates requiring municipal and state employers, as well as private employers and public accommodations, to require their employees and patrons to be vaccinated against COVID-19, they are being challenged by arguments based on personal privacy and bodily integrity.

The former argues that personal medical decisions are protected by the right to privacy, which is a natural right that supersedes governmental needs. The latter argues that since we each own our bodies, we can decide what goes into them. Both the personal privacy and the bodily integrity arguments recognize that the government can only trump fundamental rights if it can prove fault at a jury trial.

Thus, a case where an infected and contagious person is intentionally infecting healthy folks can and should result in an arrest and prosecution for aggravated assault at which the state would need to prove its case. If it did, the convicted defendant would be incarcerated and isolated for the duration of her sentence. But that does not animate the government today.

Today, the government — local, state and federal — is attempting to compel healthy people to be vaccinated against their wills. All three levels of government are attempting to do this by command, not by legislation.

The favorite U.S. Supreme Court case that the pro-mandate folks cite is the 116-year-old Jacobson v. Massachusetts. There, in the era before the court recognized personal privacy or bodily integrity as constitutionally protected, it upheld a Massachusetts statute requiring inoculation for smallpox.

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