Sumary of ‘Have at it,’ Biden says to Republicans who’ve threatened to challenge vaccine mandates.:
- President Biden’s far-reaching assertion of executive authority to require Covid-19 vaccines for 100 million American workers relies on a set of complicated legal tools that will test the power — and the limits — of the federal government to compel personal health care decisions.
- To more aggressively confront the coronavirus pandemic, Mr. Biden is pulling several levers of presidential power: He is using an emergency provision in the Occupational Safety and Health Act of 1970;
- he is threatening to withhold federal funding from hospitals and other health care organizations;
- But more recent cases — including the first Supreme Court ruling on the Affordable Care Act — call into question whether Mr. Biden or any president could simply order all Americans to get shots.
- By requiring that companies maintain safe workplaces through vaccination, legal experts said Friday that the president was relying on the federal government’s well-established constitutional power to regulate commerce and the 51-year-old law establishing the Occupational Safety and Health Administration.
- “In a situation like this, one where we’re in the middle of a public health emergency, courts recognize that they lack the institutional competency to make judgments about what’s in the best interest of public health and safety.