Reply to DC drops indoor mask and vaccine mandates tomorrow

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[quote=Anonymous][quote=Anonymous][quote=Anonymous]I think one reason the vaccine mandate was dropped is that from a constitutional perspective, it is unlikely to withstand a legal challenge. This is especially true if case rates have dropped. This isn't a right/left thing or even a "follow the science" thing. It is just very hard to mandate a medical intervention on adults without compelling public health justification. During the height of the omicron surge you MAYBE would have had this (but opposition would have pointed to low death rates and the fact that vaccinate people were also catching and spreading the virus, though not as readily as the unvaccinated), but by March of 2022, it would be virtually impossible to defend a vaccine mandate against a legal challenge.

I was explaining this to my DH and his first response was "but we mandate vaccines in schools" and I know some of you will say the same. This is different because children have more limited rights in schools than adults do. Schools can do a lot of things that would normally violate fundamental rights to things like free speech, against unlawful search and seizure, or freedom of movement. The case law on constitutional rights is very different for kids and particularly different in public schools.

I could see Bowser looking a the cases plummeting, the low rates of covid+ people in hospitals, and the very low death rate related to covid, and being told by legal advisors that there is no longer a strong case for the vaccine. It feels premature, but [b]when I look at this as it would be presented in court case, it's actually somewhat remarkable they ever tried it[/b]. And it gets less viable every day.[/quote]

Same here.  To my knowledge, there hasn't been a legal challenge to the DC mandates, which is surprising.[/quote]

Even if the mandates were on legally dubious grounds, part of the strategy with these was to just impose them to induce people to get the vaccine before any legal challenges or stays  and dare people to sue them. They provided cover for employers to impose vaccine mandates.

Look at the fed mandate. A stay has only now just been issued with the 5th circuit judge they found forum shopping.[/quote]

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