Freedom of Thought, The Corporate World
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Vaccine Policy: Who Decides?

David Dewhirst
Ryan Dean Newman
Dorit Reiss
Ilya Somin
Kate Comerford Todd

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The Supreme Court recently issued its decisions in two federal vaccine mandate cases. Several states and interest groups sought emergency relief on regulations issued by the Occupational Safety and Health Administration as well as the Centers for Medicare and Medicaid Services.   The OSHA rule required large employers to require vaccination or regular testing of their employees.  CMS required vaccination of staff at health care facilities participating in Medicare or Medicaid programs.  The Court granted a stay of the OSHA rule pending merits review in the Sixth Circuit, but stayed an injunction of the CMS rule allowing it to go into effect.   But federal agencies are not the only actors setting vaccine policy. Effective January 15th, the D.C. government will require restaurants and other businesses to check customer vaccine status. Meanwhile, Florida has taken a different approach and has barred businesses from checking employee or customer vaccine status.   This panel will review the decisions and also consider the appropriate role for the various levels of government authority in setting vaccine policy, as well as competing interests of private businesses, employees, and consumers.


Ilya Somin, Professor of Law, Antonin Scalia Law School, George Mason University

Dorit Reiss, Professor of Law and the James Edgar Hervey ’50 Chair of Litigation, UC Hastings Law 

Ryan Dean Newman, General Counsel, Governor Ron DeSantis 

David Dewhirst, Solicitor General, Montana

Moderator: Kate Todd, Managing Partner, Ellis George Cipollone

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