Legal fight over Biden vaccine mandate could be an uphill battle

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Mobile, Ala. (WKRG) — Alabama Governor Kay Ivey called President Biden’s vaccine mandate an overreach and outrageous, even though she believes people should get the vaccine.

“If everybody would just get the vaccine, we wouldn’t have a problem.”

That’s what she had to say in August.

On Monday Alabama Attorney General Steve Marshall said the state will file suit to try and lift the Biden mandate. Other Republican governor’s, including Florida’s Ron DeSantis, continue the GOP saber-rattling claiming that it’s a matter of personal liberty.

“People should not be cast aside because they make a medical decision for themselves,” said DeSantis.

But, take all the politics out of the debate and look strictly at the legal ramifications, long-time gulf coast attorney and legal scholar Vince Kilborn says precedent for mandating vaccines is on the side of the President.

“What this is is a new application of old law,” said Kilborn.

At least two Supreme Court rulings, in 1905 and again in 1922, favored school systems mandating vaccines. Kilborn said there is also a provision in the constitution supporting the President’s action.

“Under the constitution, the police power says that to protect public health, safety, and welfare, the executive branch has the power to do what’s necessary for the public interest and public safety,” said Kilborn.

Kilborn says by mandating the vaccine, Biden is forcing people to make a decision. So far only Arizona’s attorney general has filed suit challenging the President’s vaccine mandate.

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