https://www.wsj.com/articles/de-blasio-vaccine-mandate-looks-unlawful-shots-covid-19-private-employees-new-york-bill-11638916746?mod=opinion_lead_pos6
New York Mayor Bill de Blasio this week announced that all private-sector employees in the city will be required to be vaccinated against Covid-19 by the end of the month. The mayor calls his plan “Key to New York,” and its function is to lock hundreds of thousands of residents out.
The constitutionality of Mr. de Blasio’s mandate will turn primarily on Jacobson v. Massachusetts (1905), in which the Supreme Court upheld a smallpox vaccination law. The justices held that state governments have the power to exercise “self-defense” against infectious disease on behalf of the community, so long as the measures were “reasonable” and not “arbitrary.” But Mr. de Blasio’s measure goes far beyond the holding or reasoning of the precedent, to say nothing of the past century of constitutional doctrine.
Jacobson involved smallpox, which before its eradication was one of the most fearsome diseases known to man. It killed 30% of those infected. It disproportionately affected children and commonly left them disfigured by lesions. Covid-19 is serious, but it’s in a different league.
The town of Cambridge imposed a one-time fine of $5 (equivalent of roughly $160 today) on those who refused vaccination. The details of Mr. de Blasio’s scheme haven’t been announced—he promises “guidance” next week. But if it resembles President Biden’s federal mandates, it will impose mounting, ruinous fines. It isn’t the mild inducement the court upheld in Jacobson—it is pure coercion.