ABSTRACT

State and Federal Authority to Mandate COVID-19 Vaccination [April 2, 2021]   [open pdf - 1019KB]

From the Summary: "The Coronavirus Disease 2019 (COVID-19) vaccines recently authorized by the U.S. Food and Drug Administration (FDA) are a critical tool to address the pandemic. After determining that these vaccines meet the applicable statutory standards and the Agency's specific safety and efficacy standards, FDA issued Emergency Use Authorizations (EUAs) under Section 564 of the Federal Food, Drug, and Cosmetic Act (FD&C Act). [...] This report provides an overview of state and federal authority to mandate vaccination. The first part of the report provides background on state and local authority to mandate vaccination under states' general police power. It discusses the Supreme Court's long-standing recognition of state and local authority to mandate vaccination as an exercise of their police power, as well as modern courts' analyses of more recent challenges to state vaccination mandates based on the First Amendment's Free Exercise Clause. The first part of the report closes with a look at how the COVID-19 vaccines' EUA status may affect a court's analysis of a potential mandate. The second part of the report provides an overview of federal authority to mandate vaccination. It discusses one possible source of existing federal authority, Section 361 of the Public Health Service Act (PHSA), and reviews the extent of Congress's constitutional authority under the Constitution's Spending and Commerce Clauses to potentially mandate vaccination."

Report Number:
CRS Report for Congress, R46745
Author:
Publisher:
Date:
2021-04-02
Series:
Copyright:
Public Domain
Retrieved From:
Congressional Research Service: https://crsreports.congress.gov/
Format:
pdf
Media Type:
application/pdf
URL:
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