“We’ve been patient,” President Biden quipped in a sharp message to those who refuse to get the vaccine. “But our patience is wearing thin. And your refusal has cost all of us.” In early September, President Biden announced his plans to have all companies, with over 100 workers, require vaccination or weekly COVID-19 testing. This mandate is expected to be in full effect within 75 days of the order’s initiation.
“When you have 75 to 80 million people who are eligible to be vaccinated, who don’t get vaccinated, you’re going to have a dynamic of continual smoldering spread of the infection,” warned Dr. Anthony Fauci, the Chief Medical Advisor to the President, in an interview with CNN. The executive order will require roughly two-thirds of American workers, excluding those with religious or disability exemptions, to be fully vaccinated against the coronavirus by November 22. Biden’s guidance applies to all healthcare workers, federal contractors, and all federal employees of the Executive Branch; the requirements do not extend to the Legislative or Judicial Branches. Management, utilities, information, finance and insurance, and waste management services are the industries most significantly impacted by the mandate. “More than 80% of the workforce for those five industries are employed by businesses with a staff of at least 100 employees,” based on 2018 data released by the Census Bureau. On the other hand, much of the hospitality sector remains unaffected since their businesses are independently managed as franchises, and being smaller companies, are not subject to the mandate.
With the labor shortage already a problem due to the COVID-19 pandemic, the American Hospital Association (AHA), although in support of vaccination, cautioned that the mandate could possibly exacerbate the already tenuous labor force. In some places, “Now Hiring” posters don the windows of almost every store. According to a survey conducted by financial firm Goldman Sachs, 7 million workers who are affected by the mandate anticipate refusing the vaccine. About half of unvaccinated employees claim they would leave their jobs if required to be inoculated, according to another survey by Kaiser Family Foundation.
Goldman Sachs takes on a different perspective to Biden’s vaccine mandate — rather than the guidance causing shrinkage in the labor force, they pointed out the opposite is equally probable. About 3 million people are not working due to Coronavirus concerns, the firm reported. They reasoned that higher vaccination rates or weekly COVID-19 testing would ease some employees’ safety concerns with returning to the workplace. In addition, for those who still opt not to be vaccinated, “The mandate’s testing option should dampen negative employment effects, however, and many workers that do decide to quit should be able to find jobs at smaller firms not subject to the mandate.” Moreover, the overall positive effects of shortening the pandemic and reducing virus spread will overshadow the short-term negative economic challenges.
The Biden administration faces an even tougher obstacle in defending the legality of such a mandate. Already, 24 states have threatened legal action against Biden’s “overreach of executive power.” In addition, Thaddeus Hoffmeister, attorney, and professor of law at the University of Dayton expects these lawsuits to fast-track their way to the U.S. Supreme Court given its impact on many Americans. “Under our federal system, the U.S. government does not have the power to require an adult American to do something with, or put something into, his or her body” claims Washington Post Columnist Henry Olsen. He explains that they cannot indirectly coerce people into doing something that disregards their personal rights.
“Mr. Biden is acting through a combination of executive orders and new federal rules,” according to the New York Times. Law professor Robert I. Field confirmed that the Occupational Safety and Health Administration (OSHA), a workplace safety administration under the Executive Branch, has the authority to institute regulations to protect workers’ safety. Keeping Americans from being exposed to a potentially deadly virus is certainly included in its power. As put by President Biden, his goal is to protect the vaccinated from the unvaccinated. Although many also believe the decision of requiring vaccinations should be left to the individual businesses, U.S. Surgeon General Dr. Vivek Murthy explains, “the reason that we are pursuing some of these requirements is again, we know a lot of businesses have welcomed it.” Already, Disney, United Airlines, and Fox News have instituted vaccine requirements for their employees. Several other large companies, such as Amazon and Google, have announced plans for their own vaccine mandates.
While the debate over the mandate’s constitutionality rages on, President Biden is sticking to his goal of slowing the pandemic, regardless of opposition. During his September 9th remarks to the nation, regarding his new guidance to fight the pandemic, Biden had ended his speech with a very direct message to the 80 million unvaccinated Americans; “Get vaccinated.”
Written by Huan Changvu of Cabin John Middle School
Photo is of Public Domain