Evidently we're going to have a debate about vaccine mandates and abortion at the same time--that is, both culture war tribes are simultaneously going to take both positions on the rights to medical privacy and "my body my choice" autonomy
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Replying to @conor64
You... do realize that COVID is contagious and pregnancy isn’t, right?
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Replying to @badler
Obviously. Will that distinction prove decisive in a privacy analysis of the penumbras of the 14th amendment? That isn't clear to me.
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…what about this very obvious distinction isn’t clear in a 14th amendment context? I’m not trying to be a jerk, I am going through everything I remember about 14th amendment jurisprudence and trying to figure out what you’re referencing.
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Replying to @JillFilipovic @badler
Not at all, and I'm going to go reread Roe now. I recall it finding a right of privacy, though not an unconstrained one, given it's finding of a state interest in protecting prenatal life. The question would be how privacy vs protection of life would be balanced wrt a vaccine, &
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It's not really a question in the current jurisprudence, because Roe v. Wade literally used vaccination as an example of where the right to privacy ended. SCOTUS could revisit this question, but it's not "open" at the moment. Here is the relevant section for reference:pic.twitter.com/TrEqtbUaYk
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Replying to @cmuratori @conor64 and
I don't think that's right. It's confusingly worded, but I think paragraph 8 of Jacobson says that courts may weigh the merits of compulsory public health measures (including forced vax) per epidemic or even per person and block sufficiently unreasonable requirements.pic.twitter.com/saOqjMIUq8
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Replying to @XplodingCabbage @conor64 and
But that is always the case, on any settled question. SCOTUS doesn't really hand down "100% of all vaccine mandates are legal" decisions. The ruling is that vaccines do not _in and of themselves_ violate the right to privacy.
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[Tangentially, one thing that _could_ happen, is that I don't know that anyone has ever articulated the specific standard a state must meet for something like a vaccine. Is it strict scrutiny? Is it intermediate? Is it rational basis? SCOTUS might well be asked that question.]
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