COVID-19 vaccination mandates in the United States

[4] When acting as president-elect in December 2020, Biden said he did not intend to mandate that all citizens receive a COVID-19 vaccine, arguing that "I will do everything in my power as president to encourage people to do the right thing and when they do it, demonstrate that it matters."

BBC News writer Anthony Zurcher felt that Biden avoided a general mandate due to the "stubbornly pervasive" anti-vaccine movement in the country, which "could create a groundswell of opposition that would prove counterproductive to public health.

"[5] Furthermore, in April 2021, the Biden administration ruled out plans for a federal database, "credential", or "passport" to verify COVID-19 vaccination status, citing data privacy and discrimination concerns.

[12][13][14] In some cases, provisions that are described as a vaccine mandate are officially termed as a constraint requiring those who are not fully-vaccinated for COVID-19 to undergo regular testing—thus allowing for medical or religious exemptions to be fulfilled when needed.

[25][26] Some businesses may also voluntarily require that their customers or patrons present proof of vaccination or a recent negative test in order to receive service or access.

[9] However, by late-July 2021 due to the threat of Delta variant, a number of major private employers across many industries announced vaccination requirements for employees.

"[40] In November 2021, the Sixth Circuit Court of Appeals stayed the mandate and ordered OSHA take no steps to implement or enforce the Emergency Temporary Standard.

[44] On January 25, 2022, the White House officially withdrew the OSHA mandate after its defeat in the Supreme Court to focus on other options that may stand a better chance of surviving appeals.

[146] Restrictions have not only sparked severe protests by groups of citizens, but also resulted in the strengthening of populist movements and their political representatives, who are generally skeptical of policies that help to stem the spread of the COVID-19 virus a phenomenon labeled as 'medical populism'[147] As of August 12, 2021 20 states all controlled by Republicans have passed legislation or issued executive orders prohibiting state agencies from issuing vaccine passports or otherwise requiring proof of vaccination as a condition of service.

[146] Alabama,[148] Florida,[149] Iowa,[150] Montana,[151] and Texas[152] also prohibit private businesses from requiring proof of vaccination as a condition of service, with the Florida order threatening fines of $5,000 per-instance,[153] the Montana order terming it as a prohibition of "discrimination" on the basis of vaccination status (with exceptions for long-term care facilities and public schools),[154][151] and the Texas order enforceable by state licensing agencies (such as the Texas Alcoholic Beverage Commission, which has threatened to revoke the liquor licenses of establishments that request proof of vaccination in violation of state law).

[156] Some politicians such as Marjorie Taylor Greene have claimed that under the Privacy Rule of the Health Insurance Portability and Accountability Act (HIPAA), individuals may not be asked to provide their vaccination status.

Arkansas, Florida, Iowa, Kansas, and Tennessee have all passed laws that allow workers who are fired for refusing COVID-19 vaccine mandates to collect unemployment benefits.

[164] The following 22 states have laws prohibiting proof of COVID-19 vaccination for service by state and local government entities: Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Michigan, Missouri, Montana, North Dakota, New Hampshire, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah and Wyoming.

[172] In July 2021, Norwegian Cruise Line sued the Surgeon General of Florida over the state's prohibition of vaccine mandates by private businesses.

[173] In August district judge Kathleen M. Williams issued a preliminary injunction in favor of Norwegian, stating that the government failed to "provide a valid evidentiary, factual, or legal predicate" and that "documentary proof of vaccination will expedite passengers' entry into virtually every single country and port where Plaintiffs intend to sail.

District judge Damon R. Leichty rejected a motion for a preliminary injunction, ruling that the university had a right to "a reasonable and due process of vaccination in the legitimate interest of public health for its students, faculty and staff", that the students had alternatives such as agreeing to testing or applying for an exemption, remote learning, or going to a different university if they did not want to be vaccinated and that "the situation here is a far cry from past blunders in medical ethics like the Tuskegee Study.

"[176] The 7th Circuit Court of Appeals, in an opinion by judge Frank Easterbrook, upheld the ruling, citing case law dating back to smallpox in 1905.

[16][177][178] In September 2021, the anti-vaccine group America's Frontline Doctors (AFLDS) filed a lawsuit attempting to overturn New York City's proof of vaccination mandate.

The suit alleged that the mandate was inherently discriminating against African Americans, citing a perceived hesitation towards vaccines among this population stemming from the Tuskegee Syphilis Study.