The Most Dangerous Branch: Covid-19 v. The Constitution
Explain It to Me
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Is It a Mandatory or a Conditional?
Nothing is mandatory until somebody, you know, puts a gun against your head and tells you you have to do it. So when you're talking about something that's required to get your kid into a public school, absolutely that comes that strikes at the very core of state telling you how to order your life. It seems not much of a stretch to say that an employer and choose to adopt a new policy requiring you to get vaccinated on pain of termination. That's going to feel pretty coercive to somebody. But we none the less, in the law, treat that as a voluntary condition on your employment.
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