Reference no: EM133338728

Case: A novel infectious disease has emerged, initially infecting a large number of individuals living and working in Iceland, and quickly spreading through Europe and into parts of Asia and North America. Fortunately, the World Health Organization (WHO) disease surveillance network identified the virus (sub-typed "GOT-s8" and referred to commonly as "Dragon Scale" because of the scabbing lesions it causes) early and started work on a vaccine.

The Dragon Scale virus spreads through direct contact (such as through broken skin or mucous membranes in the eyes, nose, or mouth) with:

Blood or body fluids (urine, saliva, sweat, feces, vomit, breast milk, and semen) of a person who is sick with or has died from Dragon Scale
Objects (such as needles and syringes) contaminated with body fluids from a person sick with Dragon Scale or the body of a person who died from Dragon Scale
Dragon Scale kills roughly 1/3 of those that contract the disease, leaving the remaining individuals badly scarred.

A vaccine has been discovered for Dragon Scale and is being rushed into production internationally. While it has not been through the traditional FDA approval process, the vaccine is considered effective and safe.

There are currently no cases of Dragon Scale in Maryland, but numerous cases have been identified in Washington, D.C. and West Virginia. Lawmakers have decided the only effective way to prevent the virus from spreading to, and becoming an epidemic in, Maryland is to pass a law ordering the mandatory vaccination of all Marylanders against this disease. Under the law, all Marylanders must report to a local point-of-dispensing to receive the vaccination, which will be provided to them free of charge. Individuals that refuse to be vaccinated (or choose not to be vaccinated) are prohibited from traveling out-of-state until the risk of contracting the virus has passed.

Sam Tully and his wife, Gilly, do not want to receive the vaccination, and do not want to stay in Maryland. Sam works on-site as a researcher at a university in Washington, D.C. Gilly is a nurse for a hospital in Northern Virginia. Both are worried they will lose their jobs if they cannot commute from Maryland every day. Sam has had bad reactions to similar vaccines in the past and is concerned this vaccine might make him very ill. Both Sam and Gilly have sued, asking the court to find the law unconstitutional. Specifically, they argue that the law unconstitutionally deprives them of their right to liberty, guaranteed in the 14th Amendment.

Question: Given the facts presented in the scenario above, do you believe Maryland's mandatory vaccination unconstitutionally deprives Sam and, or, Gilly of their right to liberty as guaranteed in the 14th Amendment?