Interview with Christina Miller
An interview with Christina Miller, the Administrator for the Office of Public Health for Montgomery County, PA. In this interview, we introduce the role of a public health official and the process a local public health agency goes through prior to implementing such a mandate.
Class Discussion Questions
Below are several class discussion questions that educators may want to assign to students in conjunction with the provided interview.
1. If you were a Public Health Administrator, what information and/or professionals would you rely on in order to determine whether a specific vaccine should be mandated?
2. List and locate the various laws (at each level of government) and policies that must be considered (specifically in Montgomery County, PA) prior to implementing a vaccine mandate at the County level?
- Tell me about yourself and your background.
- What is Montgomery County’s current position related to vaccination mandates for County residents? County employees?
- Can you walk me through the process that was engaged in to arrive at that position?
- What legal considerations did you deliberate when arriving at your position?
- Under what circumstances might the County change its position on vaccination mandates (either to make them stricter or to loosen them up)?
Mandatory Vaccination and the 14th Amendment
- Revisiting Jacobson v. Massachusetts: Covid CasesToth Jr., R. J. (2021). Revisiting Jacobson V. Massachusetts: The Covid Cases. Creighton Law Review, 54(4), 559–604.
- Toward a Twenty-First Century Jacobson v. MassachusettsToward a Twenty-First-Century Jacobson v. Massachusetts. (2008). Harvard Law Review, 121(7), 1820–1841.
- Jacobson v. Massachusetts at 100 Years: Police Power and Civil Liberties in TensionGostin, L. O. (2005). Jacobson v Massachusetts at 100 Years: Police Power and Civil Liberties in Tension. American Journal of Public Health, 95(4), 576–581. https://doi-org.ezproxy.mc3.edu/10.2105/AJPH.2004.055152
- Jacobson v. Massachusetts Answer KeyJacobson v. Massachusetts is a case that answers the question, Does a mandatory vaccination law violate the Fourteenth Amendment right to life, liberty, or property?Educators who assign this case to their students to analyze can find an IRAC answer key through this link.
Public School Vaccination Mandate and the 14th Amendment
- Beyond Choice: Roe v. Wade as US Constitutional HistoryCurry, L. (2010). Beyond “Choice”: Roe v. Wade as U. S. Constitutional History. Journal of Women’s History, 22(2), 166–170.
- Zucht v. King Answer KeyZucht v. King is a case that answers the question, Is establishing a vaccination mandate for children in order for them to attend public school (or any other place of education) violate the due process and equal protection clauses of the Fourteenth Amendment, and that as administered does the mandate deny to plaintiff equal protection of the laws?Educators who assign this case to their students to analyze can find an IRAC answer key through this link.
Vaccination Mandates and the Free Exercise of Religion
- Philips v. City of New YorkPhillips v. City of New York is a case that answers the question, Is a State requirement that all students be vaccinated in order to attend a public school a violation of the Free Exercise Clause? Educators who assign this case to their students to analyze can find an IRAC answer key through this link.
Vaccination Mandates and the Right to Refuse Medical Treatment
- Cruzan's Legacy in AutonomyCerminara, K. L. (2020). Cruzan’s Legacy in Autonomy. SMU Law Review, 73(1), 27–46.
- Cruzan v. Director of Missouri Department of HealthCruzan v. Director of Missouri Deparment of Health is a case that answers the question, Does the Due Process Clause of the Fourteenth Amendment permit Cruzan’s parents to refuse life-saving medical treatment on her behalf? Educators who assign this case to their students to analyze can find an IRAC answer key through this link.
Vaccination Mandates and Roe v. Wade
- Required Protections for the Right of Medical Exemption from Vaccine Mandates: A Modern Analysis...Fekete, J. (2021). Required Protections for the Right of Medical Exemption from Vaccine Mandates: A Modern Analysis of a Deeply Rooted Fundamental Right. Charleston Law Review, 15(4), 821–889.
- Roe v. Wade Answer KeyRoe v. Wade is a case that answers the question, Does the Fourteenth Amendment recognize a woman’s right to terminate a pregnancy? Educators who assign this case to their students to analyze can find an IRAC answer key through this link.
Vaccination Mandates and Union Bargaining Rights
- Board of Regents v. RothIn Board of Regents v. Roth, the court held that a public employee's contractual or statutory interest in their employment does fall within the bounds of the Fourteenth Amendment.
- Cleveland Board of Education v. LoudermillCleveland Board of Education v. Loudermill identifies that Due Process Rights of union employees could entail the negotiation of a pre-termination (and potentially post-termination process).
- Mason Hospital v. Washington State Nurse's Assn.Mason Hospital v. Washington State Nurse's Assn. held that even when public policy mandates vaccination for employees (in this case, health care professionals), this does not negate the requirement that employers bargain with their union represented employees over conditions of employment.
- Vaccine Mandates do not eliminate the duty to bargain in unionized workplacesSpitz, Johnathon J. Vitarelli, Richard F., Carlozzi, Linda R., Walsh, Thomas V., Woods, Courtney A. (September 29, 2021). Vaccine mandates don’t eliminate the duty to bargain in unionized workplaces.
- Will federal employee unions challenge Biden's vaccine mandate in court?Buble, C. (2021, September 23). Will federal employee unions challenge Biden’s vaccine mandate in court? Government Executive.
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