Governor signs executive order that bans mandated use of Covid-19 vaccine passports
<p><a href="https://www.cnn.com/world/live-news/coronavirus-pandemic-vaccine-updates-04-02-21/h_6eff715e8779572934605e94a01a7460" rel="nofollow noreferrer">Florida Governor signs executive order</a> that bans mandated use of Covid-19 vaccine passports.  The Order, effective immediately, says vaccines are available but not mandated in the state and cites freedom and privacy concerns as the primary basis for the action.</p>
<p><strong>Given that Florida public schools require MMR vaccinations</strong> (precedent?), how is it possible that such an order be lawful?</p>
<p>Other interesting &amp; relevant precedent includes:</p>
<ul>
<li><a href="https://www.history.com/news/smallpox-vaccine-supreme-court" rel="nofollow noreferrer">Jacobson vs. Massachussets:</a>  Supreme Court finds Vaccines can be mandatory</li>
<li>Roman Catholic Diocese Of Brooklyn, New York v. Andrew M. Cuomo</li>
</ul>
<p>I am having difficulty reconciling that the Supreme Court would uphold fines for not vaccinating, yet it concluded that NY state violated the right to congregate, despite a pandemic.</p>

<p>As is the case in all 50 states there is statutory and constitutional law allowing governors to issue orders, pursuant to a declared emergency. The most recent order from Florida is <a href="https://www.flgov.com/wp-content/uploads/orders/2021/EO_21-81.pdf" rel="nofollow noreferrer">here</a>. As usual, the order includes relevant citations, viz.</p>
<blockquote>
<p>Article IV,  Section 1 (a) of the Florida Constitution and by the
<a href="http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&amp;URL=0200-0299/0252/0252.html" rel="nofollow noreferrer">Florida Emergency Management Act</a>, as amended, and all other applicable
laws</p>
</blockquote>
<p>The section numbers and act names differ between the 50 states, but it reduces to the same logic as was employed to mandate different degrees of shut-down and mask-wearing. The emergency powers granted to the governor are very broad, and nothing within §252.36 hints that he overstepped his authority. Such powers might (rarely) be limited under a strict scrutiny judicial review, though such reviews in the age of covid have had limited success. There is no construal of &quot;fundamental rights&quot; whereby a limit on what government agencies can do could be called into question.</p>
<p>Governments have a well-established power to regulate businesses, which this order does. The order addresses a compelling government interest (assuring the privacy of individuals, and their ability to live their lives without discrimination, etc.), and it is narrowly tailored (temperature screening is still allowed). Perhaps a business can file a lawsuit, advancing a non-obvious argument that the order infringes on the liberty of businesses, but I doubt that it would gain judicial traction.</p>
<p>This is not to say that the Florida legislature could not pass a mandatory vaccination law coupled with a mandate to prove one's compliance: but they have not done so. So until a law is passed by the Florida Legislature that says otherwise (and its veto is overridden), the order is just as legal as its thousands of cousins have been.</p>

covid-19