How this document has been cited
Jacobson... settled that it is within the police power of a state to provide for compulsory vaccination
- in Phillips v. City of New York, 2015 and 146 similar citations
The mere assertion that the case is one involving the construction or application of the Constitution, and in which the construction of federal laws is drawn in question, does not, however, authorize this Court to entertain the appeal; and it is our duty to decline jurisdiction if the record does not present such a constitutional or statutory question substantial in character and …
- in Corrigan v. Buckley, 1926 and 67 similar citations
—the Supreme Court upheld a city ordinance requiring that children be vaccinated before attending any school, public or private.
- in WE THE PATRIOTS USA, INC. v. CONN. OFFICE OF EARLY CHILDHOOD DEV., 2023 and 65 similar citations
Indeed, the Supreme Court has consistently recognized that a state may constitutionally require school children to be immunized.
- in Workman v. MINGO COUNTY BOARD OF EDUCATION, 2011 and 63 similar citations
The state may enact reasonable regulations to protect the public health and public safety of school children, and compulsory immunization is a permissible exercise of the state's police power.
- in York v. Wahkiakum School Dist. No. 200, 2008 and 44 similar citations
—noting that "in the exercise of the police power reasonable classification may be freely applied, and [a] regulation is not violative of the equal protection clause merely because it is not all-embracing
- in Grisham v. Reeb, 2012 and 50 similar citations
—it considered an equal protection and due process challenge to ordinances in San Antonio, Texas, that prohibited a child from attending school without a certificate of vaccination.
- in Workman v. MINGO COUNTY BOARD OF EDUCATION, 2011 and 32 similar citations
This is based on settled Supreme Court precedent that "a state may... delegate to a municipality authority to determine under what conditions health regulations shall become operative and that the municipality may vest in its officials broad discretion in matters affecting the application and enforcement of health law."
- in WD v. ROCKLAND COUNTY, 2024 and 36 similar citations
States thus have the power, within constitutional limits, to pass laws that "provide for the public health, safety, and morals [.]"
- in Klaassen v. Trustees of Indiana University, 2021 and 33 similar citations
Cited by
Dist. Court, D. Connecticut 2023
Cal: Court of Appeal, 3rd Appellate Dist. 2018
29 Cal. App. 5th 980 - Cal: Court of Appeal, 3rd Appellate Dist. 2018
65 Ohio Misc. 2d 65 - Ohio: Municipal Court 1994
203 F. Supp. 3d 1079 - Dist. Court, SD California 2016
Court of Appeals, 4th Circuit 2011
217 F. Supp. 2d 938 - Dist. Court, ED Arkansas 2002
43 F. 4th 19 - Court of Appeals, 2nd Circuit 2022
Dist. Court, D. Colorado 2022
20 F. 4th 264 - Court of Appeals, 6th Circuit 2021