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Vermeule, the Law, and Vaccine Mandates

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Vaccine mandates are a fraught subject at the intersection of the twin conservative values of public order and private liberty. They are complicated by the fact that there is more than one kind of mandate. It is possible to support state government mandates, but believe that the federal government has no general constitutional power in this area. It is possible to support private business mandates but not governmental ones, given the rights of private business owners and the superior coercive force of government. It is possible to support government permitting or requiring mandates on employees of business and government and also support state bans on mandates on customers, who interact more briefly with a greater number of businesses. It is possible to oppose mandates in general, but support them in some particular circumstances, such as soldiers, nurses, or cruise-ship passengers. It is possible to favor vaccine mandates in general, but be skeptical of mandating a particular vaccine. It is........

© National Review

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