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The State of Confusion Legislature passes the following statute: The State Health Commissioner, when in their opinion, there is sufficient covid - 1 9 vaccine
The State of Confusion Legislature passes the following statute: "The State Health Commissioner, when in their opinion, there is sufficient covid vaccine that has been approved by the Federal Food and Drug Administration to disseminate so that every person who qualifies to be vaccinated pursuant to the Center for Disease Control and Prevention herein after referred to as the vaccination eligible citizenry then existing, shall set a date days thereafter by which all State of Confusion vaccination eligible citizenry shall be vaccinated. Further, every citizen so situated shall carry with them into any location where the public may gather, proof of such vaccination as directed by the State Health Commissioner. Any eligible person who is not so vaccinated and does not carry proof of such vaccination is subject to arrest and charged with a misdemeanor with a fine not to exceed $ or days in jail or both.
If and when the CDC determines a person under the age of is eligible for vaccination then that person's parent or legal guardian shall make certain of the vaccination. If the said minor is not so vaccinated, their parent or legal guardian is subject to prosecution as if they had been eligible and failed to get vaccinated as set herein after
The only exception is if the eligible person carries proof on their person that a Medical Doctor or Doctor of Osteopathy has determined such eligible person should not be vaccinated for personal physical health reasons."
Assume the US Supreme Court has a decision to make on the Constitutionality of this statute. Will they find it meets Constitutional Muster? What legal theory and what standard of review with they look at to make their decision. If you decide the Court rules the statute unconstitutional assume the State Legislature rewrites the statute. What words would have to be changed to make the statute Constitutiona
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The US Supreme Court would likely review the constitutionality of this statute under the rational basis test which is the standard of review for legis...
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