Document Type
Article
Publication Date
2024
Abstract
With growing resistance to vaccinations-premised, for instance, on misplaced fears of side effects or religious objections-it takes little effort to imagine that a state might act to prohibit some or all uses of a particular vaccine licensed by the federal government. Indeed, one year ago, legislators in a couple of states toyed with the idea of banning the primary vaccines against Covid-19, and, twenty years ago, half a dozen states effectively barred certain uses of one flu vaccine formulation. Although federal law should preempt at least some of these types of state restrictions, the Supremacy Clause of the U.S. Constitution provides only a limited safeguard against such extremism.
Recommended Citation
Lars Noah, Does Federal Preemption Inoculate Us Against the Alarming Prospect of State Vaccine Bans?, 100 Ind. L.J. Supp. 1 (2024).
Included in
Constitutional Law Commons, COVID-19 Commons, Health Law and Policy Commons, Law and Society Commons, Pharmacy Administration, Policy and Regulation Commons