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Saturday, May 4, 2024

The Buckeye Institute Urges SCOTUS to Limit State Police Powers

Opinion
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Robert Alt President and Chief Executive Officer | The Buckeye Institute, OH

Columbus, OH – The Buckeye Institute has taken a stand by filing an amicus brief in Norris v. Stanley, urging the U.S. Supreme Court to address a misinterpretation of Jacobson v. Massachusetts that has expanded government authority over medical treatments.

In the amicus brief, David C. Tryon, the director of litigation at The Buckeye Institute, emphasized the importance of protecting individual rights in the face of government overreach. "The government is not the all-knowing purveyor of truth and should not be given deferential treatment when it wants to infringe on individual rights regarding medical treatments," stated Tryon.

Tryon further highlighted the significance of the case, stating, "It is time for the court to correct more than a century of misreading Jacobson, and this case presents the court with such an opportunity."

The case in question dates back to a 1902 regulation in Cambridge, Massachusetts, where a fine was imposed for refusal to receive a smallpox vaccination. However, the law did not mandate vaccination. Over time, courts have stretched the interpretation of Jacobson v. Massachusetts to justify various forms of medical interventions, including forced sterilization.

The New Civil Liberties Alliance is representing Norris v. Stanley in this legal battle. The outcome of this case could have far-reaching implications for the limits of state police powers in compelling medical treatments on citizens.

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