Will the Two Biden Vaccine Mandates Rise or Fall Together?

President Joe Biden delivers remarks on the COVID vaccine at the White House in Washington, D.C., August 23, 2021. (Demetrius Freeman/The Washington Post via Getty Images)
Maybe, maybe not.


he Supreme Court is considering President Biden’s two vaccine mandates — one issued through the Occupational Safety and Health Administration (OSHA), the other through the Department of Health and Human Services (HHS) and its Centers for Medicare and Medicaid Services (CMS). Like most commentators, I’ve been discussing the two as if they were virtually indistinguishable. But there are salient distinctions, and the question is whether they will make a difference: Must the mandates either rise or fall together, or would it be rational to uphold one while invalidating the other?

There are understandable reasons for thinking of them as a unit. …

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