FACT BRIEFWere local government actions during the pandemic unconstitutional?
NO
Local government actions to stop the spread of the coronavirus — including vaccine mandates — were constitutional.
Stephanie Phillips, a Las Vegas real estate agent running for U.S. Senate, said at a forum for GOP candidates Feb. 15 that she entered politics during the pandemic because the “government was shutting us down, they were tyrannical, all of these mandates, everything was unconstitutional.”
However, the U.S. Supreme Court has ruled that local governments can impose vaccine mandates. In a 1905 case, the court ruled that local health agencies could require adults to receive the smallpox vaccine. The court also ruled in 1922 that schools could impose smallpox vaccination mandates.
In 2022, the high court declined to block a coronavirus vaccine mandate at Indiana University. Lower courts also upheld orders for residents to stay at home, and the Supreme Court declined to intervene in these cases.
This Fact Brief is responsive to conversations such as this one.
Sources
National Constitution Center Current constitutional issues related to vaccine mandates
National League of Cities SCOTUS Leaving Stay-At-Home Orders Alone
Detroit News Whitmer's pandemic orders were 'necessary,' court finds in denying injunction
Pennlive Split Pa. Supreme Court rejects latest challenge to Gov. Wolf’s coronavirus business shutdown order
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