Mandatory Vaccination and the Future of Abortion Rights

MICHAEL C. DORF

In light of recent news that Pfizer and Moderna have apparently created safe and effective vaccines against COVID-19, Cornell law professor Michael C. Dorf considers whether the government can mandate vaccination for people who lack a valid medical reason not to get vaccinated. Dorf briefly addresses issues of federalism and religious objections to vaccination and then addresses the question whether mandatory vaccination might be inconsistent with a right to abortion.

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United States v. Diaz

Docket: 19-1801

Opinion Date: November 23, 2020

Judge: Per Curiam

Areas of Law: Criminal Law

The Eighth Circuit held that, under the fugitive disentitlement doctrine, defendant forfeited his right to have his appeal heard because he escaped from prison. On the Government's request, the appeal will be dismissed thirty days from the date of the filing of this opinion unless defendant submits himself to the jurisdiction of the United States District Court or is found and taken into custody by either state or federal officers.

Moallin v. Barr

Docket: 19-2743

Opinion Date: November 23, 2020

Judge: Raymond W. Gruender

Areas of Law: Immigration Law

The Eighth Circuit denied a petition for review of the IJ's and BIA's decisions denying relief under the Convention Against Torture (CAT). Petitioner claimed that the Somali government will acquiesce in his torture by Al-Shabaab, a terrorist organization. The court held that substantial evidence supported the IJ's and BIA's findings that the Somali government would not acquiesce in any torture of petitioner by Al-Shabaab. In this case, the record does not show that the Somali government has willfully turned a blind eye to Al-Shabaab's activities. Rather, the Somali government and its allies have battled Al-Shabaab, retaken territory from it, and worked to maintain order. Furthermore, the Somali government is using its amnesty program as part of its fight against Al-Shabaab as a tool to encourage defections. Finally, petitioner's argument that the Somali government and Al-Shabaab act in concert to torture people is wholly without record support. The court stated that the fact that the Somali government has not successfully ended the threat posed by Al-Shabaab violence is insufficient to establish that the torture would be with the consent or acquiescence of a government official.