Is the federal vaccine mandate constitutional? Local lawyers weigh in
President Biden's federal vaccine mandate is getting both backlash and praise.
In the mandate, all employers with 100 or more employees must require vaccines or weekly testing.
All federal workers and contractors must be vaccinated.
And all healthcare workers at Medicare, Medicaid participating hospitals must be vaccinated
So is this federal vaccine mandate constitutional, and does it have legs to stand on in court? We took those questions to legal experts.
"Constitutionally it is uncontroversial. For instance, Biden's federal plan requires all federal employees to be vaccinated. Nothing unconstitutional about that," says Dan Monnat, attorney.
"We have the interplay of federal state and local authorities so this is a hugely complex issue that is murky at best at this point," says Jon Newman.
Governor Laura Kelly's spokesperson shared this statement today about the White House's COVID plan, saying in part:
"We are still waiting on additional guidance on what this plan means for our residents and our administration needs to thoroughly review it further before we comment on specifics... Kansas families can rest assured that the Governor will continue to make any decisions relating to COVID-19 based on science, not politics."
Attorney General Derek Schmidt said in part, "No president has the legal authority to decree a national vaccine mandate or to punish private businesses that refuse to discriminate against employees based on their health status. President Biden yesterday scolded ‘this is not about freedom,’ but the rule of law most certainly is. If the president's overreaching rhetoric becomes federal action, then rest assured we will vigorously challenge it.
Senator Roger Marshall tweeted out, "@POTUS’ vaccination decree is an all-out assault on private business, our civil liberties, and our entire constitutional system of limited government. This will likely get struck down in the courts - but is a terrifying glimpse of the new Marxist Dem Party.
Senator Moran said in part, “I strongly oppose the Biden administration’s extreme government overreach in requiring vaccinations and urge them to focus on solutions that will empower patients to make educated decisions of their own choosing.”