Biden is going hard against unvaccinated Americans, saying in a
White House speech that "our patience is wearing thin" and "your refusal has
cost all of us." He is moving aggressively to expand vaccine requirements, more
"than any other president in modern history," according to the New York Times.
In class these past few weeks we have learned a lot about the constitution and
the ideas behind its creation. Debates on how it should be interpreted today are present in public safety concerns like mandatory vaccination. Experts say Biden is within his constitutional power to issue these rules:
Robert Field, a law professor at Drexel University, says the Occupational Safety
and Health Administration (OSHA) has the right to protect workers safety by
mandating vaccines for a deadly virus in federal workplaces, and federal
contractors face losing government funding if they do not follow the rules. This
is related to the speed limit issue for national highways: states were forced to
abide by speed limits or they faced losing federal funding. They were not
actually being forced to, because that would be unconstitutional, but they were
strongly incentivized to, and almost all did. However, vaccine mandates for
private businesses might or might not be constitutional. Like the founding
fathers intended, in times of public health it is sometimes necessary to mandate
vaccines, but is the federal government allowed to force you to stick a needle
in your arm? WUSA law professionals Peck and Burrus expect this to be fought out
in the courts. The controversial balance of public health or security in general
versus freedom, for which the constitution has no clear answer and we are left
to interpret, has been debated throughout history and most likely will continue
to be.
Sources:
https://www.nytimes.com/2021/09/09/us/politics/biden-mandates-vaccines.html
https://www.nytimes.com/2021/09/09/us/politics/biden-vaccine-plan-highlights.html
https://www.wusa9.com/article/news/verify/biden-mandate-federal-employees-required-to-get-covid-vaccine-can-employer-require-covid-vaccine-whats-legal-osha-hipaa/65-9a787d7c-65a4-4e72-917a-9102afa16f05
Image credit: https://www.pnas.org/content/117/15/8218
2 comments:
Biden's rhetoric against those that are vaccine hesitant is something I struggle to see as effective. Blame is not a good way to convince those who already distrust healthcare institutions to get vaccinated. While I see the mandate of vaccines for those working for the federal government as a necessary step in the effort to contain the pandemic, I do not think a vaccine requirement for federal companies, which is easily seen as government overreach, especially coupled with an accusatory tone, is going to work. I agree with your analysis that Biden's vaccine mandate for private businesses may not be constitutional, and see this mandate expansion as a catalyst for even more polarization.
Biden's mandate expansion is certainly a catalyst for further polarization, as he is forcing vaccines upon a population that is already hesitant to get vaccinated. As a result, people nationwide are taking more drastic measures to avoid being vaccinated. For example, fake vaccination cards are readily available for purchase online. In fact, according to the New York Post, several players in the National Football League are coming under fire for attempting to use fake vaccination cards. I honestly don't think a vaccine/mask mandate as effective at this point in the pandemic. As of right now, most people are readily aware of the coronavirus situation as well as how destructive it is, if they want to become vaccinated or protect themselves they will or they already have. The population that has chosen to put themselves at risk is currently heavily affected by the Delta variant. Braeden Waddel of the U.S. News writes that Arkansas, Florida, Louisiana and Mississippi are hit the hardest by the Delta variant's September wave. All four of these states have some of the lowest vaccination rates nationwide. As a result, if unvaccinated or unmasked people are watching the chaos unfold around them in these areas, they will be further motivated to protect themselves. We are at a point in the pandemic where scientific literature will not convince people, but watching events in their community firsthand might have a chance to change their minds. I think that vaccination rates will eventually rise in Southern areas and accomplish Biden's goal of beating this pandemic as people see for themselves the effects of not protecting themselves, but as Emily stated, Biden's current approach is a catalyst for polarization. I'm not saying Biden shouldn't do anything, but he should not be as aggressive as he currently is because that likely isn't going to work for him.
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