“There is no question that mandating a vaccine to 10.3 million health care workers is something that should be done by Congress, not a government agency,” Doughty wrote. “It is not clear that even an act of Congress mandating a vaccine would be constitutional.” Doughty added that the plaintiffs also have an “interest in protecting its citizens from being required to submit to vaccinations.” “If human nature and history teach anything, it is that civil liberties face grave risks when governments proclaim indefinite states of emergency,” he wrote. “During a pandemic such as this one, it is even more important to safeguard the separation of powers set forth in our Constitution to avoid erosion of our liberties.”
