President Joe Biden announced a plan last Thursday, September 9th, mandating vaccination for over 80 million private sector workers, in addition to several million more federal employees. The legal foundation for this mandate remains disputed, and the announcement has proven to be predictably divisive.
The plan would involve the issuance of a rule from the Occupational Safety and Health Administration (OSHA) requiring that all businesses with 100 or more employees ensure their workers are either vaccinated or tested weekly for COVID-19. In a sense, the rule actually mandates weekly testing, with an exception for vaccinated employees. To avoid the financial burden of weekly COVID testing, many businesses may choose to require vaccination in all employees – thereby causing businesses to impose an explicit mandate in ways that the federal government may not be able to.
The plan drew backlash from political opponents, citing past statements from President Biden claiming that he does not believe he has the Constitutional authority to mandate vaccination. Some states and businesses have already vowed not to comply with the mandate, intending to challenge its Constitutionality in court.
There are numerous Constitutional questions raised by this announcement – such as separation of powers, administrative procedures, and interstate commerce – and challenges from political opponents were inevitable. Now, the Biden Administration will be forced to defend its decision in court, which may require evidence of a grave risk to the health of workers.
As with any policy decision, the consequences of a potential legal battle may be both political and practical.
This blog post is part of the CIMA Law Group Blog. If you are in need of legal help, the CIMA Law Group is a law firm in Phoenix, Arizona which possesses expertise in Immigration Law, Criminal Defense, Personal Injury, and Government Relations.
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