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AAPS Calls for Overruling Jacobson v. Massachusetts, upon Which Vaccine Mandates Are Based

In its filing with the U.S. Supreme Court on June 10, the Association of Physicians and Surgeons (AAPS) calls for overruling the century-old precedent of Jacobson v. Massachusetts, which has been used to uphold many unjust vaccine mandates. AAPS filed its amicus brief in support of the Children’s Health Defense’s petition for a writ of certiorari on an appellate decision that held in favor of the Covid vaccine mandate imposed on students by Rutgers University.

Jacobson v. Massachusetts was the cornerstone of the horrific (and racist) eugenics movement,” AAPS informs the Supreme Court in its brief. “The Jacobson decision was expressly used by the Court to approve the forced sterilization of a woman in Virginia, merely because she was not deemed to have a high enough IQ,” explains AAPS General Counsel Andrew Schlafly.

“The principle that sustains compulsory vaccination is broad enough to cover cutting the Fallopian tubes. Three generations of imbeciles are enough,” held the Supreme Court in reliance on Jacobson, in the decision of Buck v. Bell that has never been overruled despite being wrong and offensive.

“The precedent of Jacobson was not initially as tyrannical as it has become with its expansive application to uphold every vaccine mandate imaginable,” AAPS explains in its brief. “Jacobson merely affirmed a $5 fine” against the adult who declined the smallpox vaccine, which is equivalent to only about $178 today.

“The vaccine mandates imposed by colleges can cost students hundreds of thousands of dollars when they decline to receive the Covid vaccine,” said Mr. Schlafly. “The annual costs for an out-of-state student to attend Rutgers exceeds $50,000 today.”

The Rutgers vaccine mandate on students did not even apply at first to the higher-risk group of faculty and staff, he notes.

The overly deferential standard applied by the Third Circuit Court of Appeals in its decision contrasts sharply with that used in multiple decisions by the Fifth and Ninth Circuits and by the Supreme Court, AAPS points out.

Founded in 1943, the Association of American Physicians and Surgeons is a pro-patient association of physicians in the practice of private medicine. Its motto means “all for the patient.”

Read the full brief at:


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