Topic > H2N2 - 2496

Faced with a potential H2N2 epidemic, the New Jersey health commissioner imposed a statute requiring vaccination of all public health workers, school-age children, pregnant mothers, and asthmatics . The law also prohibits people outside these high-risk groups from voluntarily receiving vaccinations until these classes of people are fully vaccinated. States, as governments with general jurisdiction, have police powers to pass laws to protect the health and safety of society. As such, New Jersey does not need specifically enumerated constitutional powers to enact such legislation. Indeed, the Supreme Court in Jacobson v. Massachusetts upheld a state law requiring mandatory immunization even in the face of concerns about vaccine safety and physical integrity. The issue before the Court in this case concerns the constitutional legitimacy of requiring specific categories of people to receive vaccination and of limiting access to the vaccine for people outside those categories. For its categories to be legitimate, the state must have a rational basis for requiring that specific groups receive vaccination without making it mandatory for the general population. The state must also have a rational basis for limiting voluntary access to the vaccine until the target groups have been vaccinated. Overall, the court upholds both the vaccination requirement and the prohibition on mandatory vaccination under the New Jersey statute. Before discussing several specific cases and caveats about how the law applies to specific groups, it is necessary to justify the decision to maintain these classifications only at the ordinary scrutiny level. First, the plaintiffs argue that the classifications deserve scrutiny because they violate the ... halfway through ... but the New Jersey law goes further, limiting voluntary vaccinations "until every person in categories (a) and (b) ) has not been vaccinated” (Prompt). The state's interest in banning voluntary vaccination stems from the scarcity of the vaccine. Once a sufficient quantity of vaccine has been produced to inoculate all target groups, the state can reserve a sufficient number of vaccines to carry out this task, but cannot limit public access to surplus vaccines. In practice, it could take weeks to find and vaccinate every last healthcare worker, asthmatic, child or pregnant woman; the State has no rational basis for limiting access to the vaccine while doing so. As such, we affirm the New Jersey statute's prohibition on voluntary vaccination only until such time as the State has sufficient supplies of vaccine to meet its mandatory vaccination goals..