The court held that “[t]his misapplies Jacobson,” which “did not involve a claim in which the compelled vaccine was ‘designed to reduce symptoms in the infected vaccine recipient rather than to prevent transmission and infection.”’ Jacobson does not, the majority concluded, extend to “forced medical treatment” for the benefit of the recipient.
VLA Comment: Brilliant! In Jacabson vs. Mass. there was a State interest that compelled the decision to mandate the Small Pox vaccines because it allegedly “prevented the spread”. The ninth district found that the Covid 19 vaccine did not prevent the spread of the disease but was only a treatment for individuals to mitigate the symptoms. Hence Jacobson did not apply.