I can't agree with the health bill that's being proposed, but when was a law passed that prohibits 65+ from getting the vaccine for H1N1? Laws are passed by Congress and I don't think they have. As I understand the distribution, the priority is set by the CDC, but allows for exceptions in certain circumstances. They base the distribution on their determination of most at risk and the older the population, the better they resist it. I think they have determined that the babies and young adults have the least natural immunity. I've been traveling and haven't kept up too much with the news this week so the most at risk determination could have changed. (Isn't the CDC also non-partisan?)