This appears to be the first state or city vaccine mandate in the United States that applies to all private-sector workers.
, the Court upheld a local law that required individuals 21 years of age and older to get the smallpox vaccine. Insince then have given states a large amount of deference in passing laws concerning public health measures, including compulsory vaccinations that provided no religious exemption.
For instance, if a state passed a law that said all practicing Catholics had to do X, Y and Z, then the courts will apply the highest level of judicial scrutiny possible. This gives the least amount of deference to the government’s reason for having that law. But if the state passed a law that applied to all citizens, regardless of their religious beliefs , then the court uses a more lenient level of judicial review that’s more deferential to the state.
Specifically, the legal arguments that could help the NYC vaccine mandate law survive in court could also be the arguments that help states and local jurisdictions impose their own laws outlawing coronavirus vaccine mandates or other similar health measures.
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