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Full-Text Articles in Legal History
Covid-19 Vaccine Mandates—A Wider Freedom, Lawrence O. Gostin
Covid-19 Vaccine Mandates—A Wider Freedom, Lawrence O. Gostin
Georgetown Law Faculty Publications and Other Works
President Biden has required COVID-19 vaccinations across much of the US workforce, reaching nearly 100 million workers. Opponents call it unconstitutional, a violation of personal freedom, and even “un-American.” The truth is that vaccine mandates are lawful and deeply entrenched in US history and values. They constitute a “wider freedom” so that everyone in society can feel safer where they work, learn, worship, and live.
How Nfib V. Sebelius Affects The Constitutional Gestalt, Lawrence B. Solum
How Nfib V. Sebelius Affects The Constitutional Gestalt, Lawrence B. Solum
Georgetown Law Faculty Publications and Other Works
The thesis of this essay is that the most important legal effects of the Supreme Court's decision in NFIB v. Sebelius are likely to be indirect. Sebelius marks a possible shift in what we can call the “constitutional gestalt” regarding the meaning and implications of the so-called “New Deal Settlement.” Before Sebelius, the consensus understanding was that New Deal and Warren Court cases had established a constitutional regime of plenary and virtually unlimited national legislative power under the Commerce Clause (which might be subject to narrow and limited carve outs protective of the core of state sovereignty).
After Sebelius …