Sumary of President Biden’s new vaccine rules face legal challenges:
- “My bet is that with respect to that statutory authority, they’re on pretty strong footing given the evidence strongly suggesting … the degree of risk that (unvaccinated individuals) pose, not only to themselves but also unto others,” said University of Connecticut law professor Sachin Pandya.
- ”Such cases could present another clash between state and federal authority at a time when Biden’s Justice Department is already suing Texas over its new state law that bans most abortions, arguing that it was enacted “in open defiance of the Constitution.
- ”The White House is gearing up for legal challenges and believes that even if some of the mandates are tossed out, millions of Americans will get a shot because of the new requirements – saving lives and preventing the spread of the virus.
- Biden is putting enforcement in the hands of the Occupational Safety and Health Administration, which is drafting a rule “over the coming weeks,” Jeffrey Zients, the White House coronavirus response coordinator, said Friday.
- ”Courts have upheld vaccination requirements as a condition of employment, both before the pandemic – in challenges brought by health care workers – and since the coronavirus outbreak, said Lindsay Wiley, director of the Health Law and Policy Program at American University Washington College of Law.
- “The argument that mandatory vaccination impermissibly infringes on bodily autonomy or medical decision making, those arguments have not been successful and I don’t expect that to change,” Wiley said.
- But the risks presented by the coronavirus and the existence of a declared public health emergency could put this one “on stronger footing than any other ones past administrations have tried to impose that have been challenged in court,” she said.
- Vials and syringes of the Johnson and Johnson Janssen COVID-19 vaccine are displayed at a Culver City Fire Department vaccination clinic in California.