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For the most part, power lies in the hands of states, employers or private enterprises.
Dr. Ezekiel J. Emmanuel, a professor of biomedical ethics and health policy at the University of Pennsylvania, says the United States is unlikely to make great strides in the vaccination campaign without mandates.
“I would say the mandate is legal, ethical and effective,” he said. “Ultimately, workplaces will probably have to.”
In his speech, Mr. Biden said his administration has not given up on convincing people that vaccination is in their best interest and that of the country. But he did not mention the need for states, private companies, schools and other institutions to start asking people who are reluctant to get the vaccine.
Jane Psaki, the White House press secretary, admitted in remarks to reporters Tuesday that some companies, schools and other institutions have begun ordering vaccines. But she said the administration had no intention of encouraging them to do so.
“We’ll leave it to them to make those decisions,” Ms. Psaki said.
But others say the administration could be more aggressive.
Lawrence O’Justin, professor of global health law at Georgetown University, said that although the federal government’s power to enact mandates is limited, the Biden administration still has significant authority to recommend them. It could provide more funding for proof-of-vaccination systems and create incentives for colleges, universities and organizations to order a vaccine, he said.
“Vaccine mandates have been very successful in the United States and globally, even in politically difficult situations, because they make vaccination the default option,” Mr. Justin said. “We have to make not vaccinating the hard choice, not the easy one.”
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