It was discussed in the context of the COVID-19 pandemic, with Alan Dershowitz arguing for a balanced approach, using mandates as a last resort and considering individual autonomy, while acknowledging the importance of public health.
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The thesis of my book is be careful, be balanced, be nuanced, don't be ideological, follow the science, use mandates only as a last resort, recognize individual autonomy, all of that but in the end I'm not an anti-vaxxer and that's what the thesis is.
It should always should be a last resort making people do anything to their body should always be a last resort the first thing we should do is make sure that vaccines are available to everybody second thing we should do is use the bully pulpit of the president and today lots of for example black doctors are getting on television and urging members of the african-american group community to get vaccine that's the way to do it to make sure it's available second you can limit coming to places based on not being vaccinated for example somebody may say I have a right to go to the theater not being vaccinated well I have the right to go to the theater and not catch your illness so it's a balancing right and I think the courts will and have upheld that for example Indiana University restricted coming on the campus that will be upheld the last question and the hardest one will be what if nothing works and we really have to compel people to get a vaccination like Massachusetts did in Massachusetts versus Jacobson in 1905 of course they only had a fine and there it was a state statute that was passed I don't know how the court will come out on that I think it's a last resort I do think that there's a strong case for compelling vaccination if nothing else will work to stop the pandemic
Your right to swing your fist ends at the tip of my nose and your right to sneeze on me without being vaccinated ends at the my nostrils and my lungs and so we have to strike an appropriate balance and the balance is last resort you don't do it unless it's absolutely essential then there's the question of exceptions should there be a religious wait before we get to that let's let's table that for one second and just stick with part one before we get to the exemptions
If it turns out that the spread of the disease has not slowed down by the third vaccine or by the second vaccination or even by the first vaccination that strengthens the case against the mandate I acknowledge that it has to follow the science has to follow the data and it would be unconstitutional I think for mandate vaccination if the data shows that there's no effect whatsoever on preventing the spread to other people
Medical exemptions of course I've had members of my own family that have been medically exempt because of pre-existing conditions etc and that should be done and that's being done for the most part and it should be broadened to make sure that nobody has to take a vaccination if it in any way endangers their health I think the religious exemption is largely a phony and I have challenged rabbis priests and ministers to show me where in the Jewish religion in the Protestant and the Catholic or in the Muslim religion there is any prohibition on vaccination