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I thought it would be interesting to discuss a government mandated vaccine and the rule of law.
The fact is, legally speaking, any government mandated vaccine, in order to not violate personal protected rights guaranteed under our system of law, must meet a “strict scrutiny” standard so as to not violate the personal rights of those mandated to receive the vaccine.
Under our system of law the mandate must be narrowly tailored which means it must be written precisely to impose as few restrictions as possible, may not be overly broad in its application, e.g., requiring those with natural immunity to receive the vaccine, or force the vaccine upon those who may suffer an adverse reaction, and, the safety and reliability of the product in achieving the government’s stated interest must be established with some certainty.
Fortunately, here in Florida, a judge has imposed an injunction on a government covid vaccine mandate until and if the government can meet the strict scrutiny standard. The case is: DARRIS FRIEND V CITY OF GAINESVILLE . . . Case No. 01-2021-CA-2412 LINK
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Since the injunction, the local government has dropped its vaccine mandate! No surprise there as a one-size-fits-all mandate would never hold up in court under strict scrutiny, which is designed to protect our fundamental guaranteed protections, one of which is the right to privacy, another being free to refuse unwanted medical treatments.
JWK
"If the Constitution was ratified under the belief, sedulously propagated on all sides that such protection was afforded, would it not now be a fraud upon the whole people to give a different construction to its powers?"___ Justice Story
I thought it would be interesting to discuss a government mandated vaccine and the rule of law.
The fact is, legally speaking, any government mandated vaccine, in order to not violate personal protected rights guaranteed under our system of law, must meet a “strict scrutiny” standard so as to not violate the personal rights of those mandated to receive the vaccine.
Under our system of law the mandate must be narrowly tailored which means it must be written precisely to impose as few restrictions as possible, may not be overly broad in its application, e.g., requiring those with natural immunity to receive the vaccine, or force the vaccine upon those who may suffer an adverse reaction, and, the safety and reliability of the product in achieving the government’s stated interest must be established with some certainty.
Fortunately, here in Florida, a judge has imposed an injunction on a government covid vaccine mandate until and if the government can meet the strict scrutiny standard. The case is: DARRIS FRIEND V CITY OF GAINESVILLE . . . Case No. 01-2021-CA-2412 LINK
.
Since the injunction, the local government has dropped its vaccine mandate! No surprise there as a one-size-fits-all mandate would never hold up in court under strict scrutiny, which is designed to protect our fundamental guaranteed protections, one of which is the right to privacy, another being free to refuse unwanted medical treatments.
JWK
"If the Constitution was ratified under the belief, sedulously propagated on all sides that such protection was afforded, would it not now be a fraud upon the whole people to give a different construction to its powers?"___ Justice Story