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VERIFY: No, CMS requiring teachers to get vaccinated does not violate the Ninth Amendment

At the school board meeting last Tuesday, some parents spoke against these new requirements. Some claimed that this was violating people's 9th amendment right.

CHARLOTTE, N.C. — Starting this week, Charlotte-Mecklenburg Schools will now require all teachers to get vaccinated or undergo weekly COVID-19 testing. 

The new policy has people talking, and at a school board meeting last week, some parents spoke out against the requirements. One woman claimed this was in violation of the Nuremberg Code and the Ninth Amendment of the Constitution

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Does the new Charlotte-Mecklenburg Schools COVID-19 vaccine requirement violate the Ninth Amendment?



No. According to Mauney, this policy does not go against employees' Ninth Amendment rights. 


This is false.


The Ninth Amendment states:

"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." 

"The Ninth Amendment to the U.S. Constitution basically says the fact that there are certain rights listed in the Bill of Rights doesn't mean that there aren't other rights out there," Thurman said. 

So, does this new requirement from CMS violate the Ninth Amendment? 

"Absolutely not," Mauney said. "The U.S. Supreme Court, at least twice, has clearly said that the government has a right to mandate a vaccine, for instance, that that is not an infringement on some other right, so long as the need for the vaccine is a reason related to an outbreak, like COVID."

RELATED: These are the legal issues behind COVID mandates

Charlotte Mecklenburg Schools asked staff to submit their proof of vaccination by Sept. 20, or plan to be tested for COVID-19 weekly. The new program to test staff will begin over the coming weeks.

RELATED: CMS to begin testing unvaccinated staffers


Does the new requirement from CMS violate the Nuremberg Code?



This is false.

No. Mauney said the code isn't the law in the United States. It also refers to doing medical experiments on people involuntarily. 

RELATED: 375 Novant Health workers suspended without pay for violating COVID-19 vaccine requirement


The Nuremberg Code is a 10-point statement delimiting permissible medical experimentation on humans. According to research at the University of North Carolina, it was established after the Nuremberg trials, where Nazis were charged for conducting involuntary medical experiments on people. 

"It does not have the code of law in America," Mauney said. "It's not a law on our books, it's just a code of ethics.

"The code doesn't apply in our situation because we have a government and an FDA that has approved, after a strict doctorial review of the efficacy, of these vaccines, that they were volunteers. Nobody forced them to do that."

Contact Meghan Bragg at mbragg@wcnc.com and follow her on FacebookTwitter and Instagram.

VERIFY is dedicated to helping the public distinguish between true and false information. The VERIFY team, with help from questions submitted by the audience, tracks the spread of stories or claims that need clarification or correction. Have something you want VERIFIED? Text us at 704-329-3600 or visit /verify.

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