Why experts say vaccine mandates are legal and more are on the way
With the delta variant surging, some businesses have begun announcing COVID-19 vaccine mandates for employees with some exceptions on religious and medical grounds.
The announcements have led to relief for some and strong opposition and protests for others as well as a handful of states introducing legislation to block them.
While there may be opposition to those policies, ultimately the mandates -- which also come as efforts stagnate to reach the remaining unvaccinated Americans -- are on solid legal ground, public health experts contend.
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Long-standing legal precedent
States have over a century of legal precedent for mandating vaccines, according to Koh, who currently serves as a professor of the practice of public health Leadership at the Harvard T. H. Chan School of Public Health.
The courts have not determined if the federal government can issue a vaccine mandate, however, the Supreme Court's decision in the 1905 case Jacobson v. Massachusetts gave state governments the power to issue such a mandate.
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