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YOU BE THE JUDGE: Read this in the course materials (page 135) and answer the questions therein in an essay format For quite some time it was believed that the United States had eradicated the threat of measles. However, in 2019 there was a plethora of measles outbreaks nation- wide. There were more than 1200 cases of measles reported, with victims in at least 31 states. One reason cited for the increase in cases was the opposition to vaccines among many parents. The number of cases reported was especially high in some ethnic neighborhoods, such as Orthodox Jewish communities in New York City. In April of 2019 New York City mayor Bill de Blasio declared a state of emergency in the city and ordered mandatory vaccinations in several neighborhoods. The order applied to anyone living, working, or going to school in the Williamsburg area and required all non- vaccinated people who may have been exposed receive the measles- mumps- rubella (MMR) vaccine, including all children over 6 months old. Later in the year Governor Cuomo signed into a law a bill eliminating the state's religious exemption to vaccinations. Cuomo said that removing this loophole should help contain the spike in measles cases in New York, the state hardest hit by the uptick in the contagious virus due to low vaccination rates in ultra- Orthodox communities. He pointed out that science makes it clear that vaccines are safe and effective and the best way to keep the state's children safe Assume the New York Civil Liberties Union filed suit in your court seeking an injunction against both the mayor's order and the new state statute. It is arguing that
Assume the New York Civil Liberties Union filed suit in your court seeking an injunction against both the mayor's order and the new state statute. It is arguing that these actions interfere with their parental rights, and in the case of the Orthodox Jewish communities, with their religious freedom. How would you rule as the judge in this case? How does the Due Process clause of the Constitution affect your decision? [See Paul Vernon, AP. "New York Ends Religious Exemptions for Required Vaccines." (June 13, 2019) https://www.npr.org/ 2019/ 06/13/732501865/ new-york- advances- bill-ending- religious- exemptions-for- vaccines- amid- health-cris (last visited Oct. 2019) and "Measles Outbreak: New York City Orders Mandatory Vaccines for Parts of Brooklyn," WABC News, Apr. 10, 2019, https:// abc7ny.com/health/ measles- outbreak-nyc-orders- mandatory- vaccines-for- some/ 5239006/] of speech. You are the judge hearing this case. Question: How will you rule? Be certain that you explain and justify your decision. [See "Supreme Court to hear free speech case on anti-prostitution rule. Los Angeles Times (January 11, 2013), found at http://articles latimes.com/2013/jan/11/nation/la- na-court-hiv-funds-20130112e Last visited April 22 2013 See also A/D et al v Alliance for Open Society International Legal Information Institute (LII). Cornell Law School found at http://www.law.cornell.edu/supct/cert 12-10 Last visited April 22 2013]