All FSI News Q&As September 13, 2021

Michelle Mello: Biden's New Vaccine Mandates

President Biden announced sweeping new mandates meant to push an estimated two-thirds of American workers to get the COVID-19 vaccine and stem the tide of the latest Delta wave of the pandemic. Health law expert Michelle Mello weighs in.
President Biden announces COVID-19 vaccine mandates
U.S. President Joe Biden speaks about combatting the coronavirus pandemic in the State Dining Room of the White House on September 9, 2021 in Washington, DC. . (Photo by Kevin Dietsch/Getty Images) Getty Images/Kevin Dietsch

President Biden on Sept. 9 announced sweeping new mandates meant to push an estimated two-thirds of American workers to get the COVID-19 vaccine and stem the tide of the latest Delta wave of the pandemic. The move will require vaccines for health care workers, federal contractors, and the vast majority of federal workers—and require large employers to introduce a “vaccinate or test” plan for their workers. While the U.S. started its vaccination push earlier than most countries, eighteen months into the pandemic it is facing another huge surge of cases and deaths—largely in regions with low vaccination rates. Here, Stanford health law expert Michelle Mello discusses President Biden’s new mandates and the pandemic.

Do you think President Biden’s new mandates will make a significant difference in our fight against COVID?

Health and Law 9

Professor Michelle Mello (Photo by Jennifer Paschal)


It’s clear that the proportion of Americans who are fully vaccinated isn’t where we need it to be in order to contain the virus.  The data also clearly show that communities with high vaccination coverage have far fewer COVID-19 cases, hospitalizations, and deaths than communities with lower coverage.

What’s less clear is how much the new mandates will move the needle on vaccination rates among the holdouts.  On the one hand, it’s sensible to think that federal workers will respond to the threat of losing their jobs, and they’re a large group.  Further, most healthcare facilities will welcome the political cover for taking action against unvaccinated workers, and the mandate could be quite helpful in addressing persistently low vaccination rates among lower-skilled healthcare workers such as nurse aides and environmental services workers.

But the Biden plan’s effect on employees of large companies is more uncertain.  Although the employer policy is being referred to as a mandate, it actually just requires companies with 100 or more employees to ensure that their workers are either vaccinated or tested for SARS-CoV-2 at least weekly.  Particularly if the employer makes tests readily available at no cost to employees, and if health insurers remain required to cover people’s cost-sharing for SARS-CoV-2 testing, employees opposed to vaccination may simply choose testing.  That’s certainly a better outcome than having workers unvaccinated and untested, but we may not see a leap in vaccination rates.

Read Full Q&A with Sharon Driscoll at Stanford Law School

Michelle Mello

Professor of Law, Professor of Medicine
Researchers issues at the intersection of law, ethics and health policy.
michelle mello 0

read more

Lady Justice and the American Flag

The COVID-19 Pandemic Spurs Outbreak of Another Kind: Litigation

In this New England Journal of Medicine perspective, SHP's Michelle Mello writes that more than 1,000 lawsuits have challenged public health orders shuttering business, banning indoor worship, restricting travel and mandating masks. She argues that the outcome of these cases will have a lasting impact on our public health.
Vaccine Passport

Legal Look at Proof of Vaccination & Ongoing Fight Against COVID-19

Stanford health law experts Michelle Mello and David Studdert discuss the ongoing pandemic, proof of vaccination “passports” at the state and federal levels, and a July 19 ruling that Indiana University could require that its students be vaccinated.
COVID vaccines

My Husband Had a Stroke After His COVID Vaccine. We Gave Our Kid His Shot Anyway

Michelle Mello writes in this San Francisco Chronicle commentary that her husband had a stroke a few days after getting his COVID vaccine. On the same day he checked into a hospital, their son was offered the vaccine. They listened to the doctors and determined the risk of COVID outweighed the potential risks from the vaccine.