The mandate issue will run into a whole body of jurisprudence establishing the “right to refuse treatment.” It has been sustained by the SC, in principle, for years, mostly related to mental health medicines and sometimes lifesaving treatments not wanted by the patient. Only a matter of time before this is brought up in counter arguments to the federal decree.
Previous findings about smallpox are based on the establishment of an overwhelming crisis, which will be hard to maintain in the face of 99% survival rates. Polio vax has been subject to state mandates, not federal ones, so that won’t fly either.
99% survival rate is not an emergency, maybe dershpwitz lost his fear of being prosecuted for epsteirn island...???
Since you mention smallpox.
It had a 30% fatality rate, and yet there was no Federal mandate.
Even with a 30% fatality rate, the mandate carried a penalty of a $5 fine (that’s $150 today; a large speeding ticket).
Oh, and there is good hard data out of Africa and India, that per-capita death rates are lower when using Ivermectin, than the jabs (undermining the “Emergency Use” prong of “no alternatives readily available”); and per-capita death rates in the UK, and in Israel (the most-jabbed country on earth) are currently higher for the jabbed than the non-jabbed.