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90 N.Y.U. L. Rev. Online 1 (2015)

handle is hein.journals/nyulro90 and id is 1 raw text is: STRIVING FOR HERD IMMUNITY ANDREW JANET* This Comment argues in favor of large-scale reform that would make it much more difficult to avoid immunizing children. Part I provides background on the sources of this problem and contends that there is an extremely strong state interest in eradicating diseases to which the countervailing individual interest in pursuing an adherence to junk science should pale in comparison. Part II argues that the state exemptions for religious and personal beliefs are both unnecessary and, again, misguided given the strong state interest in eradicating diseases. Part III explores the possibility of universal state-level or federal-level mandates for vaccination. The country has allowed the destructive impact of Jenny-McCarthyism to run rampantforfar too long. INTRODUCTION........................................................... 1 I. THE PEOPLE'S INTEREST IN JUNK SCIENCE VERSUS THE STATE INTEREST IN UNIVERSAL VACCINATION..............................3 A. Andrew Wakefield's Fraudulent Study ...... ......................3 B. The Continued Influence of Retracted Research ............4 C. The State Interest in Widespread Vaccinations .............6 II. THE NEEDLESSNESS OF RELIGIOUS AND PHILOSOPHICAL OBJECTIONS ................................ ...........7 A. Philosophical Objections .................. ............... 8 B. Religious Objections .................................9 C. A Military Analogy ................1.................1 III. THE LEGITIMACY OF A UNIVERSAL MANDATE ............. ......... 11 A. State-Level Mandates................................. 12 B. Federal-Level Mandates Under the Commerce Clause ...... 13 C. Federal-Level Mandates Under the Taxing Power ................ 15 CONCLUSION ..........................................................15 INTRODUCTION Few Playboy centerfolds have had so bizarre a legacy as Jenny * Copyright 0 2014 by Andrew Janet, J.D., 2014, New York University School of Law; B.S., 2008, University of Pennsylvania. I am thrilled to be the first person to publish a student Note as New York University Law Review online-only content and am grateful that the Law Review is leading the charge into an era where shorter, more informal, and more topical student writing thrives on the Internet. I also want to express my deepest gratitude to Professor Sylvia Law, whose wisdom inspired this paper and who strongly encouraged its publication; to Adrienne Lee Benson and Mikayla Consalvo for making the magic happen; to Shayon Ghosh for his invaluable feedback and for tolerating me once again; to Sarah Molinoff for her hard work refining the Note in its later stages; to all other editors who contributed to the Note's progress; and to my incredible family for loving me, supporting me, and vaccinating me. 1

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