Is Jacobson v. Massachusetts Viable After a Century of Dormancy? A Review in the Face of COVID-19

Authors

Sawan Talwar

Abstract

The COVID-19 pandemic has stretched us into the vast unknowns, emotionally, logically, politically, and legally. Relying on their police power, governments inched into the darkness of the powers’ fullest extent, leaving many to wonder whether the exercise of this power was constitutional. This Article examines the extent of the police power that both the federal and state governments have, and how Jacobson v. Massachusetts1 was the “silver bullet” for governments across the United States. Further, this Article provides an overview of police power, and the status of COVID-19 mandates. This Article additionally examines quarantine case law and provides an analysis of Jacobson. Finally, this Article discusses Jacobson’s efficacy and future. While the rationale of Jacobson has in some instances been limited, its reasoning has in other ways been expanded, as seen in its application with respect to rationalizing COVID-19 mandates in the interest of protecting the public’s welfare.

Recommended Citation

Talwar, Sawan (2024) "Is Jacobson v. Massachusetts Viable After a Century of Dormancy? A Review in the Face of COVID-19," Touro Law Review: Vol. 39: No. 1, Article 8.
Available at: https://digitalcommons.tourolaw.edu/lawreview/vol39/iss1/8