Jacobson v. Massachusetts 197 U.S. 11 (1905)

• Author: Richard E. Morgan
• Pages: 1415

Page 1415

A Massachusetts statute required VACCINATION of a town's inhabitants when health authorities so ordered. For the Supreme Court, Justice JOHN MARSHALL HARLAN concluded the regulation was within the POLICE POWER of the commonwealth and violated no federal constitutional right.

The FIRST AMENDMENT was not then interpreted to apply to the states. Jacobson relied on the liberty guaranteed by the FOURTEENTH AMENDMENT ' SDUEPROCESS clause, although his objection to vaccination was religious. Harlan concluded that SUBSTANTIVE DUE PROCESS implied no absolute right to control one's body. Justices DAVID BREWER and RUFUS PECKHAM dissented.

RICHARD E. MORGAN

(1986)