Can the federal government legally require businesses that employ 100 people or more to make COVID-19 vaccinations a condition of employment? That question is working its way through the courts now.
As a business owner with less than 100 employees, I am not directly affected by the mandate previously made and now challenged in the courts. It is a matter of general interest and may have implications for us once the questions are settled.
My first thought is the politicians and regulators are taking the cowardly way out on this. The constitution clearly allows government entities to mandate vaccines. That precedent is long established. And it has been upheld by several courts. So, if the politicians and regulators have the power to mandate vaccines, why don't they simply go ahead and do it, instead of forcing businesses to involuntarily serve as deputies to impose a mandate on their employees? The answer is cowardice. It's easier to make the businesses the bad guy than to be themselves directly accountable for the mandates they want.
I personally believe everyone should be vaccinated against COVID-19 and I believe government should impose and enforce such a mandate (medical and religious exceptions permitted). But I do not believe businesses should be forced into an enforcement role they did not ask for and are not equipped to do without additional effort and expense, for which they are not being trained, equipped or reimbursed by the government that is requiring them to take this action. This is not a product safety or fair trade issue, which the government also regulates. This is government authorities illegitimately using businesses as a foil to keep themselves out of the accountability hot seat.
There is a flip side to this that is also interesting. If the courts find that the government cannot require businesses to impose vaccine mandates, will it also be true that the government cannot prohibit businesses from imposing vaccine mandates on its employees as a condition of employment, or its customers as a condition of doing business?
Numerous businesses have already imposed vaccine mandates on its employees as a condition of employment, not because the government forced them to, but because they believed it to be in the best interests of their businesses and therefor wanted to. In Florida, at least one cruise ship company is requiring its customers to provide proof of vaccination as a condition of booking passage.
There is a new FL state law on the books that prohibits businesses of any size from requiring proof of vaccination as a condition of doing business. That too is being challenged in court. A couple states (TX, MT) have banned employer vaccine mandates.
So we have it on both sides. Should business be required by the government to impose vaccine mandates? And should businesses be prohibited by the government from imposing vaccine mandates?
My answer to both questions is no. If government leaders want people to be vaccinated, let them be the ones to mandate it, and keep life simple by leaving businesses out of this unnecessary and unhelpful legal issue altogether.
The Biden administration is likely to appeal the panel's decision to the full court.
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