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cmuratori's profile
Casey Muratori
Casey Muratori
Casey Muratori
@cmuratori

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Casey Muratori

@cmuratori

I'm worried that the baby thinks people can't change.

Seattle
caseymuratori.com
Joined March 2009

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    1. Conor Friedersdorf‏Verified account @conor64 Sep 9
      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, &

      6 replies 1 retweet 6 likes
    2. Casey Muratori‏ @cmuratori Sep 10
      Replying to @conor64 @JillFilipovic @badler

      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

      2 replies 0 retweets 6 likes
    3. Mark Amery‏ @XplodingCabbage Sep 10
      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

      2 replies 0 retweets 0 likes
    4. Casey Muratori‏ @cmuratori Sep 10
      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.

      2 replies 0 retweets 4 likes
    5. Mark Amery‏ @XplodingCabbage Sep 10
      Replying to @cmuratori @conor64 and

      Sure, but that seems more consistent with Conor's framing that "the question would be how privacy vs protection of life would be balanced wrt a vaccine" than with saying the right to privacy ends with vaccination and it's not an open question.

      1 reply 0 retweets 0 likes
    6. Casey Muratori‏ @cmuratori Sep 10
      Replying to @XplodingCabbage @conor64 and

      I guess I would just say, I doubt it? Or rather, that framing suggests that the state would be going to court with a toss-up question. But I don't think it would. I think it would be going to court with a slam dunk. "It's a pandemic, everyone agrees, we vaccinated for it." Done.

      1 reply 0 retweets 2 likes
    7. Casey Muratori‏ @cmuratori Sep 10
      Replying to @cmuratori @XplodingCabbage and

      Another way to put it would be, if the state mandated a vaccine for the common cold, I could understand the framing. Because then there is an open question of how the state goes to court and argues for Jacobson protection.

      1 reply 0 retweets 1 like
    8. Mark Amery‏ @XplodingCabbage Sep 10
      Replying to @cmuratori @conor64 and

      I expect there will in fact be toss-up questions, especially given that Jacobson explicitly contemplates that the courts might intervene because the application of the rules *to particular persons* is unreasonable.

      2 replies 0 retweets 0 likes
    9. Mark Amery‏ @XplodingCabbage Sep 10
      Replying to @XplodingCabbage @cmuratori and

      e.g. I expect many schemes created by federal employers to comply with the EO will require FDA-approved vaccines. If a worker who's had another vaccine while abroad sues arguing requiring an FDA-approved vax is unreasonable in their circumstances, I don't expect a slam-dunk.

      1 reply 0 retweets 0 likes
    10. Casey Muratori‏ @cmuratori Sep 10
      Replying to @XplodingCabbage @conor64 and

      As I said in the original two-tweet, _that_ is not a settled question. Jacobson is state action. So Federal employers are a completely different topic.

      2 replies 0 retweets 2 likes
      Casey Muratori‏ @cmuratori Sep 10
      Replying to @cmuratori @XplodingCabbage and

      (But separately, again, the hypothetical you're contemplating is an as-applied challenge, so it has nothing to do with it being an "open question" of the validity of the law on its face.)

      2:26 AM - 10 Sep 2021
      • 1 Like
      • Mark Amery
      0 replies 0 retweets 1 like

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