Essentials of Health Policy and Law 2nd Edition by Joel Teitelbaum,Sara Wilensky

Exercise 4

Jacobson v. Massachusetts is a product of the early 20 th century, and the public health law principles supporting it are vestiges of an even earlier time. This, coupled with a century of subsequent civil liberties jurisprudence and societal advancement, has led some commentators to question whether Jacobson should continue to retain its paradigmatic role in terms of the scope of government police powers. At the same time, other public health law experts call for Jacobson 's continued vitality, arguing that it is settled doctrine and a still-appropriate answer to the private interest/ collective good question. What do you think?