Brief Summary
This video from CNBC discusses the possibility of mandatory COVID-19 vaccinations in the U.S., exploring the legal and ethical considerations, historical precedents, and potential implications for individuals and businesses. It examines the powers of federal, state, and local governments, as well as employers, to require vaccinations, and the challenges associated with enforcement and public acceptance.
- The video highlights the existing vaccine mandates in schools and the legal precedent set by Jacobson v. Massachusetts.
- It addresses concerns about the emergency use authorization status of current COVID-19 vaccines and the potential for employer mandates.
- The importance of public education and trust in achieving herd immunity is emphasized.
Introduction
The video begins by noting the increasing number of Americans being vaccinated against COVID-19 and the global effort to end the pandemic. While President Biden aims to have every American adult eligible for vaccination by May 2021, a significant portion of the population remains hesitant. The central question is whether individuals can be forced to take the COVID-19 vaccine against their will in the United States.
Government Powers and Vaccine Mandates
The video clarifies that while the White House doesn't anticipate a federal mandate, state and city governments, along with employers, have the authority to implement vaccine requirements. There's a historical precedent for required inoculations, such as those for chickenpox in schools. Schools typically mandate a series of vaccinations before students can attend.
Historical Precedents: School Mandates and Jacobson v. Massachusetts
The first school vaccination mandate was in Massachusetts in the 1850s to combat smallpox. By the early 20th century, almost half of all states required student vaccinations. A 1905 Supreme Court case, Jacobson v. Massachusetts, established the legal basis for states to require vaccines, allowing them to limit individual rights to protect public health.
State and Federal Authority
States have exercised their authority to varying degrees, such as New York's targeted MMR mandate during the 2019 measles outbreak. While the federal government lacks explicit constitutional power to mandate vaccines, it can incentivize inoculation through its commerce powers, such as requiring vaccines for interstate travel or commerce. The federal government can also use financial incentives, like grants to states that mandate vaccines, and potentially require vaccination for passports.
Challenges to Universal Mandates
Several challenges exist for implementing a universal mandate. These include the limited availability of vaccine doses, the emergency use authorization (EUA) status of current vaccines, and the difficulty of enforcement if a significant portion of the population resists. Overcoming widespread mistrust requires communication, education, and transparency about vaccine safety and efficacy.
Potential Repercussions and International Examples
Repercussions for refusing a vaccine would likely involve fines or penalties rather than jail time. Some places might bar unvaccinated individuals from concerts or airlines. Israel uses a "green passport" to allow vaccinated individuals access to businesses like hotels and restaurants.
Future Scenarios: Schools and Employers
The most likely scenario is that once COVID-19 vaccines receive full FDA approval, they may become a requirement for school-age children. Employers may also mandate vaccines for their employees. The story of Bonnie Jacobson, a waitress fired for refusing vaccination due to fertility concerns, illustrates the potential for employer mandates.
Employer Rights and Employee Exemptions
Employers generally have the right to require vaccinations as a health and safety work rule, similar to annual influenza vaccines. Employees may seek exemptions through union agreements or anti-discrimination laws. Some employers may offer incentives for vaccination, such as reduced PPE requirements or financial bonuses.
Legal Considerations and Public Trust
There's a legal question about mandating vaccines authorized only for emergency use. Achieving herd immunity depends on public acceptance of the science behind the vaccines. Efforts to educate the public about vaccine safety and efficacy are crucial. A Pew Research survey indicates that a significant portion of U.S. adults have either received the vaccine or intend to. Dr. Fauci suggests that herd immunity may be achieved by the end of summer 2021 if vaccination rates continue to rise.
