"Let me put it very clearly," Dershowitz said. "You have no constitutional right to endanger the public and spread the disease, even if you disagree. You have no right not to be vaccinated, you have no right not to wear a mask, you have no right to open up your business."The 'but' is that I notice he didn't name the case. He's not wrong, but the precedents are not necessarily settled if they run deeply counter to the current sense of the American people. I think a lot of Americans would dissent from the Buck v. Bell SCOTUS ruling, from the Progressive era, that gave the state wide power to sterilize you against your will. For one thing it runs directly into the teeth of the reproductive rights movement. Although that is mostly about not reproducing, the logic of it is that reproduction is a kind of sacred and personal thing with which the state should never interfere.
The famed law professor added that if the disease in question is not contagious — for example, cancer — a person can refuse treatment.
He continued, "[But] If you refuse to be vaccinated [for a contagious disease], the state has the power to literally take you to a doctor's office and plunge a needle into your arm."
"You have no right to refuse to be vaccinated against a contagious disease," Dershowitz added. "Public health, the police power of the Constitution, gives the state the power to compel that. And there are cases in the United States Supreme Court."
So it may be that the smallpox era ruling would stand up today; but it also might be that it would not. People had a lot of faith in government's ability to do good in the early 1900s. That's not true today, and it's not true for reasons that are sometimes well-founded.
