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July 8, 2021 12:01 pm at 12:01 pm
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Avi K
Participant
Biden certainly cannot issue this kind of executive order. It is also doubtful that a law passed by Congress would pass muster in view of United States v. Alfonso D. Lopez, Jr., 514 U.S. 549 (1995). However, they could possibly bar non-vaccinated people from interstate transport under the Commerce Clause, although there might be a Fourteenth Amendment question. As it stands now, states may fine people who refuse to be vaccinated (Jacobson v. Massachusetts, 197 U.S. 11 (1905)). Of course, that was a different time. Whether or not the Court would uphold it is a question.