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SCOTUS Asked To Inject Dose Of Clarity Into Vaccine Mandate Jurisprudence

‘Everybody should want to control their own medical decisions when it doesn’t affect anyone else. The court should clarify that is the law as it now stands.’

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America’s lower federal courts have often misconstrued a pivotal Supreme Court ruling to legalize expansive Covid vaccine mandates. Fortunately for the justices (and everyday Americans), a pending case gives the court the perfect opportunity to correct such flaws.

In the coming weeks, the high court is expected to consider whether to take up and hear arguments in Boysen v. PeaceHealth. The case deals with a challenge brought by Oregon health care workers against their employer and the state’s Covid jab mandates.

While the Supreme Court has repeatedly declined to take up cases involving such requirements in recent years, New Civil Liberties Alliance (NCLA) Senior Litigation Counsel John Vecchione sees Boysen as a great opportunity for the high court to finally step in and correct the lower courts’ flawed jurisprudence on the matter.

“Disease isn’t going to go away. I can’t say when there’ll be another pandemic, but they’ve been in our history,” Vecchione told The Federalist. “The panic will happen again and mandates will happen again, and everybody should want to control their own medical decisions when it doesn’t affect anyone else. The court should clarify that is the law as it now stands.”

Boysen traces back to August 2021, when the nonprofit health care system PeaceHealth and the state of Oregon mandated that health care workers either obtain a Covid shot or receive an approved religious or medical exemption. PeaceHealth subsequently terminated the plaintiffs after they declined to adhere to such requirements.

The plaintiffs filed a lawsuit against PeaceHealth and former Oregon Gov. Kate Brown and former Director of Oregon Health Authority Patrick Allen in the U.S. District Court for the District of Oregon in August 2023.

In doing so, they alleged violations of their 14th Amendment rights, “including their bodily autonomy right to refuse unwanted medical treatment, freedom from unconstitutional conditions on employment and federally funded benefits, federal statutory rights, procedural and substantive due process, and equal protection,” as described in their SCOTUS petition. They also “asserted Supremacy Clause preemption with respect to the ‘mandated’ COVID-19 investigational drugs, thus negating........

© The Federalist