A careful reading of Jacobson shows that it is not just an automatic consideration allowing the government to do what it wants when a pandemic emergency has been officially declared. Covid-19 vaccine mandates do not satisfy any of the required criteria in Jacobson, let alone all of them.
Gerard V. Bradley is professor of law at the University of Notre Dame, where he teaches Legal Ethics and Constitutional Law. At Notre Dame he directs (with John Finnis) the Natural Law Institute and co-edits The American Journal of Jurisprudence, an international forum for legal philosophy. Bradley has been a visiting fellow at the Hoover Institution of Stanford University, and a senior fellow of the Witherspoon Institute, in Princeton, N.J. He served for many years as president of the Fellowship of Catholic Scholars.