Catherine Antunes v. Xavier Becerra, Secretary of Health and Human Services, et al.,
AdministrativeLaw DueProcess FourthAmendment EmploymentDiscrimina Privacy JusticiabilityDoctri
Does the Constitutional right to bodily integrity encompass the right to decline a vaccine?
QUESTIONS PRESENTED 1. Does the Constitutional right to bodily integrity encompass the right to decline a vaccine? 2. Is Jacobson v. Massachusetts, 197 U.S. 11 (1905), applicable to an employer’s mandate for a vaccine, and is it still good law? 3. May an employer lawfully achieve through economic coercion what would be battery if it achieved the same thing through physical force (the administration of unwanted medical treatment)? 4. Does the PREP Act impose a duty on the Secretary of the U.S. Department of Health and Human Services to provide the option to decline a drug or device authorized under the emergency provisions of the PREP Act? 5. Is it a violation of the Equal Protection Clause of the Fifth Amendment for the U.S. Secretary of Health and Human Services to extend different protections to two different groups of people in the administration of the same drug?