The Atlantic

Why the ACLU Flip-Flopped on Vaccine Mandates

The historically libertarian organization now says that strict public-health measures protect freedom rather than limit it.
Source: Getty; Adam Maida / The Atlantic

Updated at 12:50 p.m. ET on September 8, 2021.

A dozen years ago, a deadly virus was spreading around the world, and authorities in New York issued a mandate that all health-care workers in the state get vaccinated. The American Civil Liberties Union objected.

Forced vaccination against the H1N1 flu, the ACLU wrote at the time, “was not warranted.” The organization’s New York chapter said that individuals “have a constitutional right to bodily autonomy,” and that ordering people to choose between a vaccine and losing their job “is coercive, invasive and unjustifiably intrudes upon their fundamental rights.”

The limited vaccine mandates adopted during the H1N1 epidemic pale in comparison with the directives popping up now in response to the far more dangerous COVID-19 crisis. At the time of the ACLU’s 2009 statement, about 1,500 Americans had died from the H1N1 virus, compared with the is actually its middle name—has instead joined the other side.

You’re reading a preview, subscribe to read more.

More from The Atlantic

The Atlantic5 min read
The Strangest Job in the World
This is an edition of the Books Briefing, our editors’ weekly guide to the best in books. Sign up for it here. The role of first lady couldn’t be stranger. You attain the position almost by accident, simply by virtue of being married to the president
The Atlantic8 min readAmerican Government
The Return of the John Birch Society
Michael Smart chuckled as he thought back to their banishment. Truthfully he couldn’t say for sure what the problem had been, why it was that in 2012, the John Birch Society—the far-right organization historically steeped in conspiracism and oppositi
The Atlantic3 min readDiscrimination & Race Relations
The Legacy of Charles V. Hamilton and Black Power
This is an edition of Time-Travel Thursdays, a journey through The Atlantic’s archives to contextualize the present and surface delightful treasures. Sign up here. This week, The New York Times published news of the death of Charles V. Hamilton, the

Related