3:55
- ABC News
- August 5, 2021
Are COVID-19 vaccine mandates legal?
Some states have banned localities from issuing order.
3:55
Once the vaccines get full approval, there will be more push from all sectors to mandate the vaccine, Dr. Anthony Fauci, the director of the National Institute of Allergy and Infectious Diseases, told the Center for Strategic and International Studies on Tuesday. Pfizer's approval could come as early as September.
\"You’re not going to see a central mandate coming from the federal government, but you’re going to see more universities, colleges, places of business who, once they get the cover of an officially approved vaccine, they’re going to start mandating vaccines,\" Fauci said.
There have been some signs that governors would change their rules once the vaccines get the full approval. During a virtual town hall Wednesday, Louisiana Gov. John Bel Edwards told residents he would do just that.
\"It would be my expectation that once full authorization or sometimes it's called licensure is granted, then that vaccine will be added to the list, and then it will work just like the current mumps, measles, rubella, and other vaccines,\" he said.
Attempts to block mandates
When it comes to local public government offices, rules for vaccine mandates differ and in a handful of states, mandates on the COVID-19 vaccines have been banned outright until full approval.
![\"PHOTO:](\"http://a.abcnews.com/images/US/MandateBan_VaccReq_v02_LY_1628013598643_hpEmbed_1x1_384.jpg\")
As of Aug. 4, six states have enacted legislation in the last year that would block state and municipal offices from mandating a COVID-19 vaccine among staff members. Those six states and another six also have laws that prevent schools from issuing mandates.
Only one state, Montana, has banned private businesses from issuing a vaccine mandate.
Some of the states with bans, such as Alabama, North Dakota and Arkansas, have lagged behind the rest of the country when it comes to vaccinations and seen a jump in cases, according to the CDC. Alabama's seven-day average of new cases has jumped from nearly 200 at the beginning of July to over 2,500 this week, CDC data shows.
During a news conference Tuesday, President Biden urged governors to lift restrictions on businesses and schools so they could increase vaccination numbers.
\"I say to these governors, please help. But if you aren't going to help, at least get out of the way,\" he said.
Another way: Testing mandates
Koh noted that the vaccine order that Biden borrowed from New York and other states that required unvaccinated public employees to get tested weekly.
Koh and other experts contend the rule from the president and other leaders would ensure that workspaces would have fewer outbreaks and give those unvaccinated workers a bigger push to get their shots.
It also gives the states firmer legal standing because the testing mandate doesn't lead to a termination or penalty for the unvaccinated employee, they noted.
\"The goal is to make vaccine the norm and the goal is to make vaccine the healthy choice,\" Koh said.
Ultimately, Koh said the biggest motivator for vaccine mandates will be from the private businesses. Their efforts will force the public sector to enact stricter measures, he argued.
\"Our country has been trying to tame this pandemic for 18 months and counting. The other [vaccination] measures until now have not been completely successful in getting us through this,\" Koh said.
This report was featured in the Thursday, Aug. 5, 2021, episode of “Start Here,” ABC News’ daily news podcast.
\"Start Here\" offers a straightforward look at the day's top stories in 20 minutes. Listen for free every weekday on Apple Podcasts, Google Podcasts, Spotify, the ABC News app or wherever you get your podcasts.
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