Similar fights, pitting personal freedom against the common good, “have gone on since the founding of the Republic,” said Lawrence O. Gostin, an expert in public health law and the faculty director of the O’Neill Institute for National and Global Health Law at Georgetown University.
The battles continue. Now, with a measles outbreak that has affected 121 people in 17 states and Washington, D.C. — and an unusually high number of cases last year, 644 — people who refuse to vaccinate their children have become a focus of resentment and concern. Laws that allow parents to opt out of immunization are also coming under scrutiny.
Can the government go further? Can officials require that citizens receive vaccines? The answer, legal experts say, is yes. The authority to require vaccination belongs to the states. “Each individual state really has complete power,” Mr. Gostin said.
There is a common misconception that the federal government controls vaccination, he added. But federal authority applies only with matters of national concern, such as border crossings or immigration.
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New York Times