NYC’s vaccine mandate will test the authority of a 1905 Supreme Court case

Major employers and universities across the U.S. have comfortably relied on legal precedent that supports mandating a COVID-19 vaccine for workers and students. However, when New York City becomes the first government in the country to ban unvaccinated people from indoor restaurants, gyms, and entertainment venues, it opens up a new legal debate.

On Tuesday, New York City Mayor Bill de Blasio announced the plan, which will go into effect on Aug. 16. Legal experts told Yahoo Finance that the rule will test the authority of a 1905 Supreme Court case that gave states a broad yet still limited right to uphold compulsory vaccination laws.

“We should all keep in mind that the court’s jurisprudence is still unsettled,” Jim Oleske, professor at Lewis & Clark Law School, told Yahoo Finance. “I think that no matter what [New York City’s] final rule looks like…it’s going to get challenged.”

Vaccine mandates still unsettled law

While the New York City rule is scheduled to go into effect on Aug. 16, enforcement will begin Sept. 13 and will be up to the city’s health department rather than the city’s police force. 

When announcing the rule, de Blasio said, “This is going to be a requirement. The only way to patronize these establishments indoors, will be, if you’re vaccinated — at least one dose. The same for folks in terms of work — they’ll need at least one dose.” 

Mayor Bill de Blasio says NYC will mandate the COVID-19 vaccine to enter restaurants and fitness centers. (Photo by SBN/STAR MAX/IPx)

Mayor Bill de Blasio says NYC will mandate the COVID-19 vaccine to enter restaurants and

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