The Legality and Politics of Mandating COVID-19 Vaccination in the United States | Douglas L. Kriner, Cornell University

The Covid-19 vaccines have been at the heart of the debate worldwide. As known, there have been trust issues in some citizens on one side, and the need for government to think about measures to obtain a full immunization through vaccines so to overcome the pandemic, on the other side.

On 4th June 2021, Professor Douglas L. Kriner published an article, titled “The Legality and Politics of Mndating COVID-19 Vaccination in the United States”, on Orizzonti del Diritto Pubblico.

In the introductory part, the Clinton Rossiter Professor displays a relevant variation in the USA vaccination coverage: a dramatic descent.

After having enucleated some strategies that have been put in place, the Author focuses on the potential possibility of mandating vaccination.

On such matter, Professor Kriner opens with an analysis of the U.S. Constitution and the Public Health Service Act, considering then the federal government and the State governments potential power to take aggressive steps, such as mandating vaccination.

Moreover, the Author also focuses on the impact on fundamental principles.

In conclusion, he represents as the most important legal barrier to state authority is regulatory, and as, in general, the barriers to using vaccine mandates to combat the COVID-19 pandemic in the U.S. are political, not legal.

(Luca Megale)