COVID-19 Vaccine Mandates
An interview with Prof. Dorit Reiss
With COVID-19 vaccinations lagging, some states, universities, and other businesses have turned to vaccine mandates, requiring employees and or customers be vaccinated. In contrast, other states like Arkansas, Montana, and Utah have passed legislation restricting vaccination requirements. Professor Dorit Reiss of UC Hastings Law explains the constitutionality of vaccine mandates and the open question of whether vaccines approved under emergency use authorization or "EUAs" may be mandated. She explains the divergent paths states, employers, and universities have taken and the mounting legal challenges against each of these laws and policies.
Additional Resources and References
FDA Approval of Pfizer-BioNTech Vaccine – On August 23, 2021 (subsequent to this interview), the FDA approved to the Pfizer-BioNTech COVID-19 Vaccine to people 16 or older.
California Vaccine Mandate – Jul 26, 2021, the Office of Governor Gavin Newsom
Office of Legal Counsel Memo on Vaccine Mandates under an Emergency Use Authorization – July 6, 2021, The Department of Justice
Klaassen v. Trustees of Indiana University – United States District Court, Northern District of Indiana South Bend Division (2021)
Norwegian Cruise Line Holdings Ltd et al v. Rivkees, M.D. – United States District Court, Southern District of Florida
Bridges, et al v. Houston Methodist Hospital et al – United States District Court, Souther District of Texas
Jacobson v. Massachussets – Supreme Court of the United States (1905)
About Prof. Dorit Reiss
“If this vaccine backfires, we may have mistrust in vaccines in general, and we may be giving more ground to claims against vaccines that are tested, are well supported by data, and that will lead people to be more vaccine hesitant.”
Dorit Reiss is a Professor of Law and the James Edgar Hervey '50 Chair of Litigation at UC Hastings Law. Reiss’ expertise is in administrative and government law, health care law and policy, international law, and vaccine law and policy. Her recent focus has been on vaccines, examining the constitutional framework for vaccine mandates and the legal remedies for non-vaccinations. She serves as a member of the Parents Advisory Board of Voices for Vaccines and is a frequent contributor to the Skeptical Raptor blog, with over 160 articles published on their website. Her articles have been published in numerous prestigious journals, including the Journal of Law, Medicine & Ethics, the Stanford Law Review, and the Hastings Law Journal. She has been a source on vaccine mandates and under-immunization risks for a wide range of news outlets, including the National Geographic, CNN and USA Today.
