Will President Biden’s vaccine mandate reach the U.S. Supreme Court?

Published: Oct. 21, 2021 at 1:21 PM CDT
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HUNTSVILLE, Ala. (WAFF) - In Sept. 2021, President Joe Biden signed a sweeping executive order mandating that all businesses with 100 or more employees require their workers to be vaccinated against COVID-19.

“I’ve been practicing law for 45 years and I have not seen a situation like this...Where you have this many people that are being mandated by the government or by their employers to take this vaccine and you have a lot of people concerned about that,” said Huntsville attorney Mark McDaniel.

Biden’s expansive rules quickly stirred ongoing legal battles nationwide. McDaniel said he’s taken a lot of calls on this topic in the past few weeks because people want to know what their legal options are.

“You do have a number of people out there in the workforce that do not want to be told to take the vaccines, they are not going to take the vaccines and if it means losing their job then they will lose their job,” McDaniel said.

McDaniel said many people who don’t want to get the vaccine for various reasons are now presenting all kinds of strong constitutional arguments including privacy arguments, equal protection arguments, due process arguments, and freedom of speech arguments.

“A lot of people just don’t want to discuss their health problems or religious beliefs,” McDaniel said. “They have a privacy right not to discuss that with their employers or anybody else.”

McDaniel said the president’s executive order still reigns, but believes it will soon be in the hands of the U.S. Supreme Court.

“Here you have an executive’ve got the executive branch of the government saying, ‘You got to take the shots.’ You have nothing in the legislative branch...nobody has passed the law,” McDaniel said. “So the courts are going to look at this executive order and say is that constitutional? Or is it a violation of due process, religious freedoms, equal protections, privacy interest? The Supreme Court will look at that...If they say it is, then there will be no mandate.”

If this does go to the Supreme Court, McDaniel said there are some precedents from similar cases in the past that could support the president’s order.

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