State-Level COVID-19 Vaccine Mandates: A Constitutional Analysis

The coronavirus pandemic has upended our daily lives, especially regarding our civil liberties. With the development of a vaccine, many Americans are concerned about the possibility of vaccine mandates. Regardless of whether states should implement these mandates, the first question that needs to be answered is whether they can. Although the Supreme Court’s recent National Federation of Independent Business v. Department of Labor, Occupational Safety and Health Administration decision put an end to a vaccine mandate implemented through OSHA’s workplace safety standards, the possibility of state level mandates remains. Although there have been legal challenges to localized mandates, it is clear from Jacobson v Massachusetts that state vaccine mandates are constitutional.