Re:Courts block two Biden administration Covid vaccine mandates
by invokestatic on Wednesday December 01, 2021 @10:29AM
(#29404633)
Lopez overturned Filburn for the most part.
> Doesn't it need to be framed as the government having the right to apply a medical treatment to me against my will?
This will be tested in litigation in cases like OP, but remember, these vaccine mandates are NOT the government forcing you to accept medical treatment. These mandates have been coercing private employers to require vaccination as a condition of employment. This indirection muddies the water and I can't speculate as to what the courts will ultimately decide on.
> Conversely, there is no constitutional right to /not/ get a vaccine
Doesn't it need to be framed as the government having the right to apply a medical treatment to me against my will?
I have a constitutional right to bare arms but presumably the federal government can decry that I do not have the right in certain places. Or is that not an affirmative right.
[EDIT] It appears that is what US v Lopez is about (federal restriction of guns near schools)
[0] https://en.wikipedia.org/wiki/Wickard_v._Filburn