School districts can constitutionally exclude unvaccinated students. Decided November 13, 1922 (argued October 20, 1922). Opinion of the Court: Louis Brandeis → go there Topic: Public health and safety. Zucht v. King, 260 U.S. 174 (1922), is a landmark decision by the Supreme Court of the United States in which the Court unanimously held that public schools could constitutionally exclude unvaccinated students from attending, even if there was not an ongoing outbreak. In the case, the school district of San Antonio, Texas enacted an ordinance that prohibited any child from attending a school within the district unless they had been vaccinated against smallpox. One parent of a student who had been excluded, Rosalyn Zucht, sued on the basis that there was not a public health emergency. Justice Louis Brandeis wrote for the unanimous court that requiring students to be vaccinated was a justified use of "police power" to maintain public health and safety. Wiki link