The Department of Justice concluded in an opinion that federal law doesn’t prohibit public agencies and private businesses from requiring COVID-19 vaccines under the Food and Drug Administration’s emergency use authorization.
On July 26, the U.S. Department of Veterans Affairs, California, and New York City said they would require some of their government workers to get the COVID-19 shot or be tested weekly. Veterans Affairs, with the move, became the first federal agency to mandate the vaccine.
“For instance,” it wrote, “certain schools will require vaccination in order for students to attend class in person, and certain employers will require vaccination as a condition of employment.”
The opinion, which noted that some have questioned the legality of such mandates, concluded that federal law concerning the FDA’s emergency use authorizations (EUA) on COVID-19 vaccines made by Moderna, Pfizer, and Johnson & Johnson doesn’t “prohibit public or private entities from imposing vaccine requirements, even when the only vaccines available are those authorized under EUAs.”
With the Justice Department’s statement and the July 26 Veterans Affairs mandate, it appears to leave the door open for other federal agencies to make COVID-19 vaccines a requirement for employees.
Throughout the pandemic, the federal government has implemented few COVID-19-related restrictions and namely has targeted travel and public transportation. The U.S. Centers for Disease Control and Prevention has issued guidance—not mandates—around mask-wearing.
White House press secretary Jen Psaki, who has given conflicting statements around whether the administration supports vaccine passports, told reporters during a briefing last week that the administration isn’t requiring officials to get vaccinated.
“No, we have not mandated it,” Psaki in response to a question about whether the White House has made COVID-19 shots mandatory. She appeared to say that the White House offered the vaccines to every employee.