Constitutional Law,
Government,
Health Care & Hospital Law
Nov. 16, 2021
Vaccine mandates are constitutional
In light of a split among the federal circuit courts of appeals, the U.S. Supreme Court likely will soon need to rule on the constitutionality of vaccine mandates. It should emphatically and unequivocally hold that the government may require vaccinations and that it need not provide a religious or conscience exemption for those who object. It should affirm the power of the federal government to require that employees be vaccinated.
Erwin Chemerinsky
Dean and Jesse H. Choper Distinguished Professor of Law
UC Berkeley School of Law
Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).
In light of a split among the federal circuit courts of appeals, the U.S. Supreme Court likely will soon need to rule on the constitutionality of vaccine mandates. It should emphatically and unequivocally hold that the government may require vaccinations and that it need not provide a religious or conscience exemption for those who object. It should affirm the power of the federal government to require that employees be vaccinated.
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