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Legal Opinion

Brown v. Smith

California Court of Appeal, 5th District

Decided July 2, 2018No. B279936PublishedCited by 7 opinions

1Opinion of the CourtGrimes, J.

*1138SUMMARY

In 1890, the California Supreme Court rejected a constitutional challenge to a "vaccination act" that required schools to exclude any child who had not been vaccinated against small-pox. ( Abeel v. Clark (1890) 84 Cal. 226, 227-228, 230, 24 P. 383 ( Abeel ).) In dismissing the suggestion that the act was "not within the scope of a police regulation," the court observed that, "[w]hile vaccination may not be the best and safest preventive possible, experience and observation ... dating from the year 1796 ... have proved it to be the best method known to medical science to lessen the…

2Cases cited17 opinions

  1. Wisconsin v. YoderSupreme Court of the United States · 1972
  2. Prince v. MassachusettsSupreme Court of the United States · 1944
  3. Blank v. KirwanCalifornia Supreme Court · 1985
  4. Jacobson v. MassachusettsSupreme Court of the United States · 1905
  5. Serrano v. PriestCalifornia Supreme Court · 1971

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3Cited by7 opinions

  1. Love v. State Dep't of Educ., California Court of Appeal, 5th District2018
  2. Doescher v. AragonDistrict Court, E.D. California · 2024
  3. Doescher v. AragonDistrict Court, E.D. California · 2025
  4. In re Matthew M.California Court of Appeal · 2023
  5. Kelley v. KelleyNevada Supreme Court · 2023

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