CNN’s Jeffrey Toobin Says It’s Unclear if New Biden Vaccine Mandate Will Hold Up in Court: ‘Don’t Know’ if They Have ‘Authority’


CNN legal analyst Jeffrey Toobin said that it’s unclear if President Joe Biden’s upcoming speech on Thursday that will include announcing a vaccination or testing mandate for employers with more than 100 employees will withstand a court challenge.

CNN Newsroom co-host Alisyn Camerota asked Toobin, “What is the difference between this announcement and a federal vaccine mandate?”

“It’s close, but it is not everyone in the United States,” replied Toobin. “I think the technical legal term for what went on today is ‘No more Mister Nice Guy.’”

Toobin went on to say that “this is the beginning of getting closer to a national mandate.”

“There is the question, though, of whether the federal government has the legal authority to do this. OSHA [Occupational Safety and Health Administration] supervises employee safety,” he continued. “Whether that authority extends to requiring vaccines for people in companies bigger than 100 employees, you can be sure this is going to be challenged in court. I don’t know the answer to that, but I do know that this is certainly a shot across the bow by the Justice Department and by the White House, saying, ‘Look, we are sick of asking. We are now telling you to get [vaccinated].”

In addition to that mandate, Biden will also announce a vaccine mandate for federal government employees and contractors and a vaccination mandate for all employees at health care facilities that accept Medicare and Medicaid. These measures are part of what the White House calls “a six-pronged, comprehensive national strategy.”

Watch above, via CNN.

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