President Joe Biden’s sweeping new vaccine requirements have Republican governors threatening lawsuits. His unapologetic response: “Have at it.”
WASHINGTON —
Such cases could present another clash between state and federal authority at a time when Biden's Justice Department is already suing Texas over its new state law that bans most abortions, arguing that it was enacted “in open defiance of the Constitution.” “The argument that mandatory vaccination impermissibly infringes on bodily autonomy or medical decision making, those arguments have not been successful and I don’t expect that to change,” Wiley said. “I think the challenges that are harder to predict the outcome of are going to be the ones that are really sort of the boring challenges about whether they followed the right process.”
“I could imagine an unfortunate opinion that attempted to justify this political stance by rejecting the use of OSHA against infectious disease rather than against hazards intrinsic to the workplace,” Harper wrote in an email. that all employers with more than 100 workers require them to be vaccinated or test for the virus weekly, affecting about 80 million Americans.
Given that the rules are still being drafted and haven't been released, experts say the devil is in the details. It remains to be seen exactly what the rule will require employers to do or not do, and how it accounts for things such as other rights that unvaccinated employees may assert, such as the right to a disability accommodation, Pandya said.
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