Reference no: EM133200265
QUESTION:
Can the federal government require that everyone between the ages of 18 and 65 receive a COVID vaccine under the Interstate Commerce Clause? Only address the Commerce Clause issue. In other words, if Congress mandates Americans receive a COVID vaccine, is that regulating interstate commerce under the following fact scenario? Limit your legal analysis to the Interstate Commerce Clause. Do not discuss unrelated issues such as health and medicine, personal liberties, or the effectiveness of vaccines.
The following hypothetical is based on information drawn from a variety of sources, including JAMA, USC News, and the Brookings Institution. The information is not my own. Rather, I have taken information directly from various studies and organizations to present a fact-filled hypothetical. Do not question the data presented. The point of this question is solely to test your legal understanding of the Commerce Clause. Do not do any outside research. Instead, accept all facts presented below and provide your analysis based on these facts and class materials.
These continuing problems have two things in common: COVID-19 and interstate commerce. Congress believes it has the Constitutional authority to require all Americans, aged 18 to 65, to take a COVID-19 vaccine once the vaccine is widely available. This law would not go into effect until the vaccine is widely available. The law defines "widely available" to mean when Americans can regularly get a vaccine at an individual physician's office, through a public clinic, or at a local pharmacies (i.e. Walgreens, CVS). Do not address the timing issue. You are being consulted for your legal expertise.
You work for a first term Representative. Your representative has only been in office since the first week of January. She is trying to decide whether to co-sponsor this legislation. Congress is proposing that failure to comply with the vaccine mandate will result in a $5,000 fine. Since this will potentially be your Representative's first piece of co-sponsored legislation, she wants to make sure the law is Constitutionally sound. You have been asked to respond to a single question. Does Congress have the power to require mandatory COVID-19 vaccines under its Interstate Commerce Clause power?
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