Jacobson v. Massachusetts: Why It Should Be Scuttled — The SCOTUS 1905 Decision Is Obsolete And Needs A Certiorari Brief Filed (Part 1 of 3)

A Monograph Edited by Catherine J Frompovich & Laraine Abbey-Katzev, RN emeritus, MS, CNS

“The function of the law is not to provide justice or preserve freedom.
The function of the law is to keep those who hold power, in power.”
Gerry Spence Quotations

The Issue

In the year 1905, the U.S. Supreme Court handed down a decision, which has affected millions of individuals in various ways, but most specifically, regarding every individual’s self-determination regarding health issues for him- or herself and one’s children.  It’s the vaccine/vaccination issue.

The SCOTUS decision in Jacobson v. Massachusetts, 197 U.S. 11 (1905) became legal case law regarding mandatory vaccinations in the United States and which all federal and state health agencies fall back on as their “legal authority” for enforcement to vaccinate “to protect the greater good of community health and wellbeing.”

SCOTUS admitted on page no. 36, in the last paragraph in the above case,

The legislature assumed that some children, by reason of their condition at the time, might not be fit subjects of vaccination; and it is suggested—and we will not say without reason—that such is the case with some adults.

These medical and scientific facts have been overlooked totally by the CDC/FDA, the AMA/medical profession and the pharmaceutical industry.  That legal oversight has placed auxiliary legal responsibility upon the vaccine/vaccination conundrum of ‘safe’ and ‘effective’ regarding infants, toddlers, teens, adults and senior citizens, who are not fit subjects for vaccination!

It must be noted further that current “state-of-the-art” science in epigenetics[1] and cellular mitochondria proclivities[2] were not known in 1905, but now play specific relevance in determining vaccine damage proclivities [as alluded to in the 1905 Jacobson decision].

Time Magazine reported the Hannah Poling case in 2008 involving mitochondria proclivities, which was settled by the Vaccine Court in the amount of $1.5 MILLION.

Another confounding issue in Hannah’s case is the finding that she suffers from a mitochondrial disorder — a dysfunction in basic cell metabolism. Mitochondria serve as power generators for each cell in the body, converting food and oxygen into energy. There are a wide range of these disorders, causing symptoms that vary widely but can include muscle weakness, cardiac or liver disease, diabetes, developmental delays and susceptibility to infection. In Hannah’s case, the vaccine court determined that the underlying dysfunction of her mitochondria put her at an increased risk of injury from vaccines.[3] [CJF emphasis]

Coincidentally, SCOTUS in its 1905 Jacobson decision alluded to the very fact that some children and adults “might not be fit subjects of vaccination.”  Shouldn’t those children and adults be predetermined, rather than condemn them to unproductive lives and suffering?

CDC/FDA should permit and encourage mitochondrial testing via PCR (polymerase chain reaction) for all children prior to any first vaccination to avoid subsequent vaccine-induced-mitochondrial health damages.  Vaccine adverse reactions from mitochondrial dysfunctions might be prevented.

Such PCR testing would be immune-system-testing similar and comparable to the Apgar test done at birth, which indicates to the delivery room staff how well a baby is doing outside the mother’s womb.

On page no. 37, Lines 8 thru 11, in the Jacobson 1905 case, SCOTUS stated, “[I]t is not possible in any case to determine whether vaccination is safe”That was rather profound thinking and legal determination at such an early period in the pharmaceutical world of vaccinology, which is overlooked in today’s assigned culture of ‘safe and effective’ vaccines.

Interestingly, but rather distressingly, the U.S. Supreme Court 106 years later handed down in the 2011 Bruesewitz, et al v Wyeth LLC, FKA Wyeth, Inc., et al decision, “The phrase ‘even though’ in the clause ‘even though the vaccine was properly prepared and [labeled]’ is meant to signal the unexpected: unavoidable side effects persist despite best manufacturing and labeling practices.43″ Pg. 11

“Indeed, the FDA has never even spelled out in regulations the criteria it uses to decide whether a vaccine is safe and effective for its intended use.55 Supreme Court PDF, Pg. 13

Therefore, the PREEMINENT question has to be why and how Congress, which has oversight, and the courts do not recognize FDA’s glaringly obvious default, and require FDA make necessary corrections.

The above admission by SCOTUS that FDA has NEVER spelled out in regulations the criteria it uses to decide whether a vaccine is safe and effective for its intended use, therefore, IS the real ISSUE to be questioned, discussed, and resolved in view of over 100 years of advances in science and technologies, which have made the vaccine ISSUES of informed consent and self-determination even more profound and critical now than back in 1905.

However, there are ironic parallels between both the 1905 Jacobson and the 2011 Bruesewitz decisions in that two SCOTUS justices dissented in 1905 and, likewise, two SCOTUS justices dissented in 2011.

What were those dissenting justices trying to point out and tell us that is being overlooked legally?

The ISSUE is case law Jacobson v. Massachusetts was adjudicated over 100 years ago in 1905 while healthcare consumers have been impacted by over a century’s worth of scientific advances, emerging new information, fraud, deceit and the addition of numerous vaccines being mandated which have ingredients with additional chemicals not available in 1905, e.g., antibiotics, polysorbate 20 and 80, Thimerosal (49.6% ethylmercury), including the unknown cumulative biological effects of such chemicals in combination in the human organism.

Both those federal health agencies are regarded internationally as “state of the art,” however, that designation is not correct since neither does its own scientific research and testing – other than epidemiological surveys and studies – but agree to accept what’s called “consensus science” without any due consideration for the real discipline of science and research, i.e., interacting with differing scientific observations and conclusions using established research protocols.

Both the CDC and FDA depend solely upon vaccine manufacturers’ and Big Pharma’s self-produced, proprietary-and-conflict-of-interest scientific analyses reports, all of which have been produced by in-house vaccine developers, researchers and writers and attaching MDs’ credentials bought and paid for the use of their names upon papers published in peer review journals.

Since 21st century humans no longer use buggy whips, wear high button shoes, nor pay 7 cents for a loaf of bread, 34 cents for a dozen eggs, 9 cents for a quart of milk or 26 cents for a pound of steak as in 1905, but have kept current with the times, so to speak, Jacobson v. Massachusetts needs to be challenged, revisited, corrected and revised to keep current with actual – not fudged – findings.

Corrections and withdrawals of unscientific, fraudulent and misleading consensus science regarding vaccines must become priority number one, since such fraud will be documented in The Argument and The Proof sections of this monograph.

U.S. healthcare consumers and global populations, who depend upon CDC/FDA vaccine ‘science’, no longer should be victimized by deliberate fraudulent vaccinology ‘science and technology’, since vaccines can be and are documented vectors of disease due to various factors, e.g., vaccine shedding[4]; neurotoxic ingredients; heavy metals, e.g., ethylmercury and aluminum in any of four formulations; formaldehyde; aborted human fetal cell lines, aka diploid cells; genetically modified/produced nanoparticles totally foreign to human evolution over time, plus other proprietary and patentable ‘ingredients’ incompatible with human biology, neurology and physiology, including unknown short- and long-term DNA/RNA implications, plus pharmaceutical industry fraudulent vaccine efficacy reporting as in the Mumps active in the Merck & Company MMR vaccine that went on for ten years[5].

In 1905, vaccine science was somewhat mired in the Edward Jenner ‘science approach’, plus theories by others who were experimenting with grandiose ideas of preventing communicable diseases. Back then, austere rejections to vaccinations from the public in the UK and the USA[6] were fresh in everyone’s mind, which may have helped to formulate the 1905 SCOTUS decision, including lack of state-of-the-art research.  However and for the record, Jenner’s vaccine experiments seemingly reveal parallels with what modern-day vaccinees apparently are experiencing, i.e., early onset chronic diseases.

Convinced of the virtue of vaccination Edward Jenner inoculated his 18-month-old son with swinepox, on November 1791 and again in April 1798 with cowpox, he died of tuberculosis at the age of 21. James Phipps was declared immune to smallpox but he also died of tuberculosis at the age of 20.  (Source)

Question:  Can both the ‘early’ deaths mentioned above be considered results of both young boys’ immune systems being vaccination-compromised?

The U.S. HHS HRSA Claimants’ settlements database and website corroborate deaths attributed to vaccines, plus thousands of adverse reactions from numerous vaccines. Claimants’ compensation payouts, which total in the BILLION$, were $3,560,341,200.85 as of January 1, 2018.

Since it is theorized that only one to ten percent (1 to 10%) of vaccine-injured vaccinees submit claims due to ignorance of the CDC’s VAERS reporting system and non-cooperation of attending physicians, the complainants’ compensation made by HRSA obviously would be exponentially greater.

The Real Issue

There are undeniable and irrevocable evidences of fraud, collusion and conflicts of interest at the CDC together with vaccine and prescription drugs product liability health harms and claims that have embroiled Big Pharma for years, and which also will be substantiated in The Argument and The Proof sections below.

However, the preeminent and dominant issue is the verifiable fact Autism and the Autism Spectrum Disorder (ADS) virtually were nowhere on medical radar screens prior to the mandates by CDC/FDA for prenatal, neonatal, infant and toddler vaccines, many of which began in the late 1980s after Congress ‘gifted’ vaccine makers with the ultimate no-responsibility- product-liability-gift, exonerating vaccine makers from all legal or financial responsibilities for vaccine-caused damages, The National Childhood Vaccine Injury Act (NCVIA) of 1986 (42 U.S.C. §§ 300aa-1 to 300aa-34).

That 1986 law was—and is—the downfall of the U.S. healthcare system, since children’s health statistics have skyrocketed all over the map regarding autoimmune and chronic diseases, plus deaths occurring after vaccinations, as verified by HHS and HRSA claims paid by the Vaccine Court and discussed in The Argument below, thus impacting USA healthcare costs, the Gross Domestic Product (GDP) and family life.

However, in April 2018 the CDC released its ‘official’ figures for ASD in the USA as “one in 59,[7] which is an obviously deliberate behind-the- times data set since that figure reflects CDC data sets reported up to the year 2006, rather than a more current year, e.g., 2015 or 2016.


However, independent ASD researchers contend the current rate of ASD in the USA is one in 36!

The Argument

Vaccine biologicals are pharmaceuticals, but not tested as regular prescription drugs (Rx’s) are tested.  The classic example is the annual flu vaccine known to produce serious adverse health effects.  One such prescription drug medical tragedy affected unborn and developing fetuses in pregnant mothers during the early 1960s due to physicians routinely prescribing a certain prescription medication for morning sickness.  That drug was Thalidomide.


“Despite its harmful side effects, thalidomide is FDA-approved for two uses today—the treatment of inflammation associated with Hansen’s disease (leprosy) and as a chemotherapeutic agent for patients with multiple myeloma, purposes for which it was originally prescribed off-label. Because of its known adverse effects on fetal development, the dispensing of thalidomide is regulated by the System for Thalidomide Education and Prescribing Safety (S.T.E.P.S.) program. The S.T.E.P.S. program, designed by Celgene pharmaceuticals and carried out in pharmacies where thalidomide prescriptions are filled, educates all patients who receive thalidomide about potential risks associated with the drug. That education process does not apply to vaccines/vaccinations—only that they are safe and you must get them in order to comply with state regulations, etc.” (Source: Northwestern)

Note: The education process does not apply to vaccines/vaccinations!  That is a grave legal and ethical mistake for which the CDC/FDA must be held accountable, plus factored into the revising of Jacobson.


A question we must ask is, “Are there any comparatives between children damaged by Thalidomide and children damaged by vaccines associated with and causing Autism Spectrum Disorder?”

Thalidomide: Physical limbs and/or body parts were missing and/or malformed

Vaccine-induced Autism Spectrum Disorder resulted from and was caused due to CDC studies that were fraudulently sanitized to omit those implicit data sets that vaccines induced ASD health problems, specifically: Neurological and physical disorders, especially in young black boys less than three years of age. [See The Proof section for verification.]

A 2009 Corollary from the CDC’s Mandatory Flu Vaccine Program for Pregnant Females Is it analogous to the Thalidomide catastrophe, but not addressed?

The new study confirms the findings of a previous study by Goldman.  Using CDC’s VAERS database, Goldman showed a similar uptick in spontaneous abortions due to the flu shot, specifically during the time when pregnant women were receiving both the seasonal flu shot and the pandemic H1N1 flu shot.  In fact, the rate of miscarriages increased 11-fold in 2009 when the H1N1 vaccine was added to the recommended schedule.  During this time period, pregnant women who received both shots were typically exposed to 50 micrograms of mercury via thimerosal.[8]  [Emphasis added]

Furthermore, spontaneous abortion (SAB) was confirmed in the 2017 study “Association of spontaneous abortion with receipt of inactivated influenza vaccine containing H1N1pdm09 in 2010-11 and 2011-12”[9] published in the journal Vaccine 2017 Sep 25;35(40):5314-5322. doi: 10.1016/j.vaccine.2017.06.069.

That study’s Conclusion[10] stated:

SAB was associated with influenza vaccination in the preceding 28days. The association was significant only among women vaccinated in the previous influenza season with pH1N1-containing vaccine.

However, the study authors also included “This study does not and cannot establish a causal relationship between repeated influenza vaccination and SAB, but further research is warranted,” a caveat to preclude their work from being taken seriously or jeopardizing their careers, as many of the contradictory studies published always end with similar language, but apparently NO follow-up by CDC/FDA or Big Pharma!

Spontaneous abortion was never included or discussed by SCOTUS in 1905 Jacobson and, therefore, must be addressed in proper context of “greater good of community health and wellbeing” as Jacobson was so obsessed with since SAB precludes humans being born.

CDC’s VAERS reports document and prove post-marketing and research information vaccine problems

Results. VAERS received 2149 death reports, most (n = 1469 [68.4%]) in children. Median age was 0.5 years (range, 0–100 years); males accounted for 1226 (57%) reports. The total annual number of death reports generally decreased during the latter part of the study period. Most common causes of death among 1244 child reports with available death certificates/autopsy reports included sudden infant death syndrome (n = 544 [44%]), asphyxia (n = 74 [6.0%]), septicemia (n = 61 [4.9%]), and pneumonia (n = 57 [4.6%]). Among 526 adult reports, most common causes of death included diseases of the circulatory (n = 247 [46.9%]) and respiratory systems (n = 77 [14.6%]), certain infections and parasitic diseases (n = 62 [11.8%]), and malignant neoplasms (n = 20 [3.8%]). For child death reports, 79.4% received >1 vaccine on the same day. Inactivated influenza vaccine given alone was most commonly associated with death reports in adults (51.4%).  (Source)

Those two extremely profound vaccine statistics cited above need to be repeated and taken seriously:

  • For child death reports, 79.4% received >1 vaccine on the same day.
  • Inactivated influenza vaccine given alone was most commonly associated with death reports in adults (51.4%).

And yet MDs, CDC, FDA and the pharmaceutical industry are protected from accountability by “The National Childhood Vaccine Injury Act (NCVIA) of 1986 (42 U.S.C. §§ 300aa-1 to 300aa-34) was signed into law by President Ronald Reagan as part of a larger health bill on Nov 14, 1986, in the United States, to reduce the potential financial liability of vaccine makers due to vaccine injury claims,”[11]  PLUS the scientifically outdated 1905 Jacobson decision!  How unscientific and unethical is that?

What CDC Statistics Say About Its VAERS Reporting System

Feb 3, 2015 – “Approximately 30,000 VAERS reports are filed annually, with 10-15% classified as serious (resulting in permanent disability, hospitalization, life-threatening illnesses or death),” the CDC says. […]

“This data is far from perfect. But what it shows is that in the last 25 years, the fund has paid out claims to 3,887 people – which translates [sic] to an average of 155 paid claims per year.” [….]

“The vaccine compensation program … provides a bit more linkage between cause and effect, but the rulings are decided in a court of law, and science may or may not play a big role in the finding,” Troisi [Catherine Troisi, an infectious disease epidemiologist at the University of Texas Health Science Center] told us. “It’s also very hard to prove cause and effect on an individual case, which is what is happening with these findings.” (Source: Politifact)


Former FDA Commissioner Dr. David Kessler, MD
David Kessler statement in JAMA – June 2, 1993, vol.269, No.21, p.2785

Aside from adverse events associated with specified vaccines (listed in the National Childhood Vaccine Injury Act9) most reporting by health providers is voluntary.  Pg. 2765

Read the above statement again. Hardly any MDs report adverse events because the medical professions are proselytized by Big Pharma and vaccine makers that vaccines are ‘safe’!

A recent review articlel2 found that between 3% and 11% of hospital admissions could be attributed to adverse drug reactions. Only about 1% of serious events are reported to the FDA, according to one study. I3)   Pg. 2765
[13. Scott HD, Rosenbaum SE, Waters WJ, et al. Rhode Island physicians’ recognition and reporting of adverse drug reactions. R I Med J. 1987;70:311-316.]

Note, if only 1% of serious adverse events are reported, what kind of accuracy is to be found and relied upon in the VAERS post-marketing reporting system?

If there are 30,000 reports filed annually, and Dr. Kessler, etc. say only 1% of serious events are reported to the CDC, how many actual adverse health events occur in the USA, specifically from vaccines and vaccinations?

If MDs and other vaccinators were to report parents’ complaints and stories about vaccine adverse events – as they should by lawand not put them off and/or disparage them as “normal” or “coincidental because vaccines are ‘safe’,” could the annual number of filed reports be closer to 3 million?

Continued in Part 2

This monograph is an open-access article distributed under the terms of the Creative Commons Attribution License


[1] Epigenetics is the study of heritable changes in gene function that do not involve changes in the DNA sequence. Wikipedia
[2] In epigenetics of nuclear-encoded DNA, the main roles are played by DNA methylation, changes in histone structure and several types of non-coding RNAs. … Nuclear DNA is coiled around histones, but mitochondrial DNA, together with associated proteins, is located in mitochondrial pseudocompartments called nucleoids. https://www.ncbi.nlm.nih.gov/pubmed/28980199
[3] http://content.time.com/time/health/article/0,8599,1721109,00.html
[4] Virus from the vaccine can be shed in the stool for up to 28 days after vaccination. To minimize the risk of spreading vaccine virus to other people during this period, observe proper personal hygiene, such as frequent hand washing, especially following bowel movements. This is especially important if you have close contact with children 7 years of age and younger, with anyone having a weakened immune system, or with pregnant women.  https://www.cdc.gov/vaccines/vpd/should-not-vacc.html
[5] A Pennsylvania federal judge has allowed the majority of claims to proceed against Merck & Co. in a qui tam suit and related antitrust putative class action over the company’s testing and government sales of its mumps vaccine.
[6] https://www.historyofvaccines.org/content/articles/history-anti-vaccination-movements
[7] AUTISM EPIDEMIC: 1 in 59 Children. CDC Remains Paralyzed / World Mercury Project May 1, 2018
[8] https://worldmercuryproject.org/news/cdc-study-shows-7-7-fold-greater-odds-miscarriage-influenza-vaccine/
[9] https://www.ncbi.nlm.nih.gov/pubmed/28917295
[10] https://www.ncbi.nlm.nih.gov/pubmed/28917295
[11] https://en.wikipedia.org/wiki/National_Childhood_Vaccine_Injury_Act

Catherine J Frompovich (website) is a retired natural nutritionist who earned advanced degrees in Nutrition and Holistic Health Sciences, Certification in Orthomolecular Theory and Practice plus Paralegal Studies. Her work has been published in national and airline magazines since the early 1980s. Catherine authored numerous books on health issues along with co-authoring papers and monographs with physicians, nurses, and holistic healthcare professionals. She has been a consumer healthcare researcher 35 years and counting.

Catherine’s latest book, published October 4, 2013, is Vaccination Voodoo, What YOU Don’t Know About Vaccines, available on Amazon.com.

Her 2012 book A Cancer Answer, Holistic BREAST Cancer Management, A Guide to Effective & Non-Toxic Treatments, is available on Amazon.com and as a Kindle eBook.

Two of Catherine’s more recent books on Amazon.com are Our Chemical Lives And The Hijacking Of Our DNA, A Probe Into What’s Probably Making Us Sick (2009) and Lord, How Can I Make It Through Grieving My Loss, An Inspirational Guide Through the Grieving Process (2008)

Catherine’s NEW book: Eat To Beat Disease, Foods Medicinal Qualities ©2016 Catherine J Frompovich is now available

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5 Comments on "Jacobson v. Massachusetts: Why It Should Be Scuttled — The SCOTUS 1905 Decision Is Obsolete And Needs A Certiorari Brief Filed (Part 1 of 3)"

  1. While I totally agrre with this article please remember the Jacobsen ruling gave him the option to pay $5 to avoid the shot. If they want to follow the letter of the law in the meantime use this and your right to religious freedom [still allowed in 47 states] to opt out.
    Not at all surprised by recent report from Sweden that rates of cervical cancer have doubled since the advent of gardasil & cervarix shots.

  2. Bravo!! on the reportage. There is a large difference between Doctors of Medicine and Doctors of Healing. I know of methods of healing that are forbidden by the FDA that cure as well as heal certain diseases. At the same time I have been incorrectly diagnosed by MDs and given medicines that generated near lethal reactions. What a terrible “health care” paradigm we live in – medicines that harm and illegal methods that heal. The fox is guarding the hen house when the CDC holds the patents on certain vaccines. “Consensus Science” is disturbing and dangerous planned obsolescence – murder to be exact.

  3. There is absolutely no reason for concern that anything that government is in any way connected with will have even the slightest connection with honesty or integrity; and most important of all, the true well being of its subjects. It is absolutely impossible to find in the annals of history any nation or empire whose rulers were more ruthless, perverted, corrupt, narcissistic, and self aggrandizing as are currently the ruling class in the part of North America commonly known as the United States. Biblical Sodom and Gomorrah are like a fundamentalist church choir practice by comparison with the federal oligarchy. How anyone even possibly believes that the present cabal has any connection to the kind of governance provided for by the constitution is beyond the realm of sane comprehension.

  4. All governments have corrupt individuals who are complicit and should be pushed out over the ocean.
    Vaccines are child abuse.

  5. Catherine J Frompovich does not seem to understand all ways that non-therapeutic vaccines kill.
    In the area of tuberculosis, the article stated:
    “Question: Can both the ‘early’ deaths mentioned above be considered results of both young
    boys’ immune systems being vaccination-compromised?”

    When the non-therapeutic smallpox vaccine started, it was cow pus or milk-maid pus scratched into the skin of the victim.
    The cow pus might have anthrax, tuberculosis, cowpox, lyme disease, or other diseases that infect cows.
    If from a milk-maid, add diseases that the milk-maid might have had like syphilis.
    Back then it was common to get tuberculosis from just drinking cow’s milk.
    Think of the direct infectious agent transfer.

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