Attorney and California State Assemblyman: Mandatory Vaccine Law “Too Broad to be Constitutional”
I swore an oath to uphold the U.S. and California constitutions. Sometimes, that means voting against "responsible" bills that nevertheless represent government overreach. California's broad new mandate, that a child cannot attend school unless vaccinated for 10 conditions and "any other disease deemed appropriate," was such an occasion. The legislation affects four fundamental rights: to parent one's children; to refuse medical treatment; to practice one's religion (for those whose creed genuinely eschews medicine); and to attend school (a unique right recognized in California). As an article in the Yale Journal of Health Policy, Law, and Ethics recently noted, court rulings allowing mandatory vaccinations are outdated, narrow and come from a line of precedent that also allowed the government to sterilize those it deemed genetically unfit. Forced-vaccination proponents often say we should "trust scientists." I do. They would be wise to trust constitutional lawyers.