Biden’s Vaccine Mandate Is Counterproductive and Likely Illegal | Opinion

As a public health measure, Biden’s orders may be salutary. But they stand on shaky legal ground. Historically, vaccine mandates have been imposed if at all by state governments, and not by the federal government. The new regulations invert this feature of our federalist constitutional structure: Biden’s orders trump state policies that provided workers with the choice to get vaccinated. Moreover, the president acted unilaterally: Congress has not expressly authorized this sweeping expansion of federal power. Rather, to justify his edict, Biden reached back to a Nixon-era workplace safety law. I am skeptical that this half-century-old law can support Biden’s novel mandate.

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