Lawmakers in California just passed a bill that requires nearly all public and private schoolchildren to be vaccinated, even if parents have religious or philosophical objections.
The state Senate passed the legislation and it will now head to Gov. Jerry Brown (D) for approval. Brown has not said whether he will sign the bill.
The only exception under the proposed law is for children who cannot undergo vaccinations due to a medical issue.
Judge Andrew Napolitano sat down with Charles Payne this morning on FBN to discuss the constitutional issues at play.
He said states have no choice but to respect a parent’s “bonafide” religious objection under the First Amendment.
On the issue of a philosophical objection, the judge said the parent’s right to raise children as he or she sees fit is a fundamental right of Americans.
“The right to raise your children as you see fit is a fundamental liberty, akin with thought, personality and speech,” he said.
Napolitano said the issue comes down to whether parents and a doctor should be able to make the decision on a child’s vaccinations, rather than the government.
He called the proposed law “harsh and Draconian,” predicting it will be met with aggressive resistance from some parents who do not trust the safety and effectiveness of vaccines.
Payne asked about the spike in measles cases in recent years, asking Napolitano when the concern about the “greater good” outweighs an individual’s opposition.
The judge said there is no answer to that question under the law or under the Constitution.
Watch the discussion above.