It's political theatre. Federal rules mandating vaccines among employers with more than 100 employees are going into effect [1]. And the Constitutionality of vaccine mandates was settled when Kaiser Wilhelm was King of Prussia [2]. That federal law supersedes this ban.
The Governor knows that. The Texas elite know that. Texan employers know that. A vocal minority of voters for whom this has become their single issue do not know that. If this keeps them happy, it's a win-win.
[1] https://www.foley.com/en/insights/publications/2021/09/prepa...
I'm sure this won't foster distrust in the system, as people try to argue why they can't be fired for not being vaccinated as they are actively walked out.
Less sarcastically, undermining people's faith in the system and their ability to keep up with what's legal, what's not, and who's actually making the rules seems likely to dig America deeper into the divide that's been happening for many years now.
2) The previous vaccines had much longer development, and years of safety testing.
3) The previous vaccines have far fewer VAERS reports for side effects.
4) Previous vaccines have longer lasting immunity and do not require frequent booster shots
Read the opinion. It clearly defers the question of "whether vaccination is or is not the best mode" to legislatures and not to the courts. Based on that precedent, there is no "is this disease severe enough" test a court could apply.
(There are the open questions as to whether Jacobson applies to states, and not the U.S. government, and whether the Occupational Safety and Health Act confers these powers to the President. But the commentary on this is dry and one sided.)
> previous vaccines had much longer development, and years of safety testing
Jacobson was decided in 1905. The Food and Drug Administration was formed in 1906 [1].
> previous vaccines have far fewer VAERS reports for side effects
VAERS succeeds Jacobson by over 80 years [2].
[1] https://en.wikipedia.org/wiki/Food_and_Drug_Administration
[2] https://en.wikipedia.org/wiki/Vaccine_Adverse_Event_Reportin...
Than its obviously a junk opinion, unless you want to live in a medical apartheid state. Are you seriously suggesting because of this opinion the government has the right to put anything in your body they want, for no matter how low the threshold risk. You want to live under such laws?
I'll ask you a second question. Hypothetically, do you think the government has a right to kill 1% of the people to save a another preferred 1% of the people? Would it matter if it was 2%?
No, I don't, and neither is that what Jacobson or the Occupational Safety and Health Act say.
"There was no provision for actually forcing vaccination on any person," just a monetary penalty [1]. It relied on "the opinion of the Board of Health" finding it was "necessary for the public health or the public safety" to mandate the vaccine. It evaluated how the Board of Health made that decision, and found it was "qualified to make that judgment" and "did not act in an unreasonable, arbitrary or oppressive manner."
In short, a fact specific, scoped and expert-guided standard that "would probably be upheld as long as (1) the disease still exists in the population where it can spread and cause serious injury to those infected, and (2) a safe and effective vaccine could prevent transmission to others."
VivaFrei podcast has recently claimed that the Jacobson decision was the sole basis for the Buck v Bell decision, which instituted the eugenics program.
https://en.wikipedia.org/wiki/Jacobson_v._Massachusetts
FWIW, vaccine mandates don't make sense to me. The vaccine benefits should speak for themselves.
15% of people that contract covid will die from it? Where are you getting this from.
https://usafacts.org/articles/americans-causes-of-death-by-a...
I am not comparing covid deaths with the entire population, only with the number of people that die from some cause. In a given year, most people do not die, other than for really old age groups.
For example, 13463 50yo females died from some cause since Jan 2020. Out of those deaths, 1605 were deaths with covid, for a 11.9% fraction. For comparison, cancer is 22% of deaths in 45-55 age group and heart disease 19.5%, making covid third cause of death for this age group, with accidents the fourth at 8.3%
data_as_of start_date end_date sex age_years total_deaths covid19_deaths
2021-10-06 2020-01-01 2021-10-02 Female 50 Years 13463 1605Depending on the age of the patient, its very likely that covid may have been the final nail on the coffin, but by no means the only nail in the grim reapers hand.
The average life expectancy is 78 in the US. What is the average age of someone that dies of covid? Last time I checked this, it was 84.
United States - Historical Death Rate Data
Year Death Rate Growth Rate
2021 8.977 1.090%
2020 8.880 1.120%
2019 8.782 1.120%
2018 8.685 1.220%
2017 8.580 1.240%
Source https://www.macrotrends.net/countries/USA/united-states/deat...
How to explain this better? Entering 2020, there were 100 reasons for me to die. Then covid comes along and now there are 115. Not the best news ever, but I'd rather keep living life, especially after vaccines have become widely available.
As you correctly observe, the actual risk may be even lower, because the back-of-the-napkin upper bound estimation does not take in account the risk factors within an age group.
Medical privacy.
Even if you don't believe the state should enact mandates, these are private businesses. If you want to support your state business, what better way to help than by getting everyone healthy, working and comfortable going out again?