Infectious Disease & the Law
In response to comments by H.M. Stuart & one Lee Pierson regarding Steve’s recent vaccination post, I figured I’d take a stab at the legal & constitutional aspects of mandatory vaccination & quarantine measures. Note: I’m a layman, not a lawyer, and I haven’t studied this matter in detail; so take what follows with a grain of salt.
1. From a federal constitutional standpoint, mandatory vaccination is not analogous to the ACA’s individual mandate provision, since vaccination is primarily mandated by state – not federal – law. Such laws are enacted as part of states’ police power, which does not implicate the strictures of Article I.
2. State sovereignty is not absolute; the Constitution places many limits upon state action, and empowers federal courts (and sometimes Congress) to enforce these limits. However, state vaccination mandates have long been deemed consistent with these limits.
3. Federal & state quarantine authorities derive from the Commerce Clause & state police powers, respectively. Federal law primarily concerns the military, as well as interstate & foreign travel. The primary constitutional limit upon quarantine powers isn’t the First Amendment’s association clause, but rather due process & the writ of habeas corpus.
Corrections & comments welcome.
 Kathleen S. Swendiman, Cong. Research Serv., RS21414, Mandatory Vaccinations: Precedent and Current Laws 2-4 (2011), available at http://www.fas.org/sgp/crs/misc/RS21414.pdf. Federal vaccination mandates do extend to immigrants & the military. Id. at 7-8.
 See, e.g., U.S. Const. art. I, § 10; U.S. Const. amend. XIV, § 1.
 See, e.g., Randy E. Barnett, The Original Meaning of the Judicial Power, 12 S. Ct. Econ. Rev. 115, 123-125 (2004); Saikrishna B. Prakash & John C. Yoo, The Origins of Judicial Review, 70 U. Chi. L. Rev. 887, 948-951, 958, 960, 964 (2003).
 See, e.g., U.S. Const. amend. XIV, § 5.
 Jacobson v. Massachusetts, 197 U.S. 11 (1905).
 Kathleen S. Swendiman & Jennifer K. Elsea, Cong. Research Serv., RL33201, Federal and State Quarantine and Isolation Authority 3-4 (2007), available at http://www.fas.org/sgp/crs/misc/RL33201.pdf.
 42 U.S.C. § 266 (2006).
 42 U.S.C. § 264 (2006).
 See Swendiman & Elsea, supra note 6, at 12-15.