Hamby, C. et al., “U.S. Bet Big on Covid Vaccine Manufacturer Even as Problems Mounted,” New York Times, Apr. 6, 2021, available at <https://www.nytimes.com/2021/04/06/us/covid-vaccines-emergent-biosolutions.html> (last visited June 10, 2021).+(last+visited+June+10,+2021).>Google Scholar

Biden, J.R. Jr., National Strategy for the COVID-19 Response and Pandemic Preparedness, Jan. 21, 2021, available at <https://www.whitehouse.gov/wp-content/uploads/2021/01/National-Strategy-for-the-COVID-19-Response-and-Pandemic-Preparedness.pdf> (last visited June 10, 2021).+(last+visited+June+10,+2021).>Google Scholar

Pettypiece, S., “Biden Pushes Americans to Reach Goal of 70 Percent Vaccinated Adults by July 4,” NBC News, June 2, 2021, available at <https://www.nbcnews.com/politics/white-house/biden-pushes-americans-reach-goal-70-percent-vaccinated-adults-july-n1269397> (last visited June 10, 2021).+(last+visited+June+10,+2021).>Google Scholar

O’Neill, N., “Biden Administration Sows Confusion Over Vaccine Passports,” New York Post, May 28, 2021, available at <https://nypost.com/2021/05/28/biden-administration-sows-confusion-over-vaccine-passports/> (last visited June 10, 2021).+(last+visited+June+10,+2021).>Google Scholar

Mervosh, S., “Who Wants to be a Millionaire? In Ohio, You Just Need Luck, and a Covid Vaccine,” New York Times, June 3, 2021, available at <https://www.nytimes.com/2021/05/26/us/coronavirus-ohio-lottery-vax-a-million.html#:~:text=In%20Ohio%2C%20You%20Just%20Need%20Luck%2C%20and%20a%20Covid%20Vaccine.,-With%20virus%20vaccinations&text=After%20the%20state%20of%20Ohio,his%20sleepy%20rural%20vaccination%20clinic> (last visited June 10, 2021).+(last+visited+June+10,+2021).>Google Scholar

Jacobson v. Massachusetts, 197 U.S. 11 (1905).Google Scholar

Piatt, J., “Guidance: COVID-19 Vaccine and Employer Mandates,” Network for Public Health Law, June 3, 2021, available at <https://www.networkforphl.org/resources/guidance-covid-19-vaccine-and-employer-mandates/> (last visited June 10, 2021).+(last+visited+June+10,+2021).>Google Scholar

21 U.S.C.A. § 360bbb-3(e)(1)(A)(ii)(III) (2017).Google Scholar

Stanley-Becker, I., “Resistance to Vaccine Mandates is Building. A Powerful Network is Helping,” Washington Post, May 26, 2021, available at <https://www.washingtonpost.com/health/2021/05/26/vaccine-mandate-litigation-siri-glimstad-ican/> (last visited June 10, 2021).+(last+visited+June+10,+2021).>Google Scholar

EEOC.gov, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws,” May 28, 2021, available at <https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws> (last visited June 10, 2021).+(last+visited+June+10,+2021).>Google Scholar

OSHA.gov, Subpart U — COVID-19 Emergency Temporary Standard, available at <https://www.osha.gov/sites/default/files/covid-19-healthcare-ets-reg-text.pdf> (last visited June 11, 2021).+(last+visited+June+11,+2021).>Google Scholar

Gostin, L.O. et al., “Digital Health Passes in the Age of COVID-19: Are ‘Vaccine Passports’ Lawful and Ethical?” JAMA 325, no. 19 (2021): 1933–1934, available at <https://jamanetwork.com/journals/jama/fullarticle/2778526> (last visited June 11, 2021).CrossRefGoogle Scholar

WHO.int, International Travel and Health, May 12, 2021, available at <https://cdn.who.int/media/docs/default-source/documents/emergencies/travel-advice/ith2021_countrylist_final_26may2021.pdf?sfvrsn=f8d06644_1&download=true> (last visited June 11, 2021).+(last+visited+June+11,+2021).>Google Scholar

Otterman, S., “New York’s Vaccine Passport Could Cost Taxpayers $17 Million,” New York Times, June 9, 2021, available at <https://www.nytimes.com/2021/06/09/nyregion/excelsior-pass-vaccine-passport.html> (last visited June 11, 2021).+(last+visited+June+11,+2021).>Google Scholar

Davis, E., “These States Have Banned Vaccine Passports,” U.S. News & World Report, June 1, 2021, available at < https://www.usnews.com/news/best-states/articles/which-states-have-banned-vaccine-passports> (last visited June 11, 2021).+(last+visited+June+11,+2021).>Google Scholar

Cunningham, P.W., “The Health 202: It’s Fair to be Concerned About Vaccine Passports. But They Wouldn’t Violate HIPAA Law,” Washington Post, Mar. 30, 2021, available at <https://www.washington post.com/politics/2021/03/30/health-202-it-fair-be-concerned-about-vaccine-passports-they-wouldnt-violate-hipaa-law/> (last visited June 11, 2021).+(last+visited+June+11,+2021).>Google Scholar

H.B. 1547, 93rd Gen. Assemb., Reg. Sess. (Ark. 2021).Google Scholar

More, M., “LAUSD’s Student COVID Vaccination Program: What to Know,” NBC Los Angeles, May 23, 2021, available at <https://www.nbclosangeles.com/news/coronavirus/coronavirus-resources/lausd-student-covid-vaccination-program-pfizer-coronavirus/2600305/> (last visited June 11, 2021).+(last+visited+June+11,+2021).>Google Scholar

Barraza, L. et al., “Immunization Laws and Policies Among U.S. Institutes of Higher Education,” Journal of Law, Medicine & Ethics 47, no. 2 (2019): 342–346, available at <https://www.cambridge.org/core/journals/journal-of-law-medicine-and-ethics/article/immunization-laws-and-policies-among-us-institutes-of-higher-education/C0DA00DB892EC7BA2DE89859496D77BD> (last visited July 28, 2021).Google ScholarPubMed

ACHA.org, “American College Health Association Recommends COVID-19 Vaccination Requirements for All On-Campus College Students in Fall 2021,” American College Health Association, Apr. 29, 2021, available at <https://www.acha.org/ACHA/About/ACHA_News/ACHA_Recommends_COVID-19_Vaccination_Requirements_for_Fall_2021.aspx> (last visited June 11, 2021).+(last+visited+June+11,+2021).>Google Scholar

Burt, C., “State-by-State Look at Colleges Requiring COVID-19 Vaccines,” University Business, June 10, 2021, available at <https://universitybusiness.com/state-by-state-look-at-colleges-requiring-vaccines/> (last visited June 11, 2021).+(last+visited+June+11,+2021).>Google Scholar

Redden, E., “Vaccine Politics,” Inside Higher Ed, Apr. 30, 2021, available at <https://www.insidehighered.com/news/2021/04/30/among-colleges-announcing-vaccine-requirements-public-colleges-republican-states-are> (last visited June 11, 2021).+(last+visited+June+11,+2021).>Google Scholar

S.B. 1825, 55th Leg., 1st Reg. Sess. (Ariz. 2021).Google Scholar

Singer, N. et al., “COVID-19 Vaccination and Parental Consent,” Kaiser Family Foundation, May 26, 2021, available at <https://www.kff.org/policy-watch/covid-19-vaccination-and-parental-consent/> (last visited June 11, 2021).+(last+visited+June+11,+2021).>Google Scholar

Owermohle, S., “Foster and Migrant Kids Shut Out from Covid Vaccinations,” Politico, May 30, 2021, available at <https://www.politico.com/news/2021/05/30/migrant-children-coronavirus-vaccine-491412> (last visited June 11, 2021).+(last+visited+June+11,+2021).>Google Scholar

Terlep, S., “Covid-19 Shots for Teens Can Hit Legal Snags and Parental Pushback,” Wall Street Journal, May 19, 2021, available at <https://www.wsj.com/articles/covid-19-shots-for-teens-can-hit-legal-snags-and-parental-pushback-11621416603> (last visited June 11, 2021).+(last+visited+June+11,+2021).>Google Scholar

Health Officer of the City & County of San Francisco, “Order of the Health Officer No. C19-19, Allowing Minors to Consent to COVID Vaccination,” Apr. 28, 2021, available at <https://www.sfdph.org/dph/alerts/files/Order-C19-19-Vaccination-Minors.pdf> (last visited June 11, 2021).+(last+visited+June+11,+2021).>Google Scholar

Gostin, L.O. et al., “The Public Health Crisis of Underimmunisation: A Global Plan of Action,” Lancet Infectious Diseases 20, no. 1 (2020): E11–E16, available at <https://www.thelancet.com/journals/laninf/ article/PIIS1473-3099(19)30558-4/fulltext> (last visited June 11, 2021).CrossRefGoogle ScholarPubMed

Afifi, T.O. et al., “How to Increase COVID-19 Vaccine Uptake and Decrease Vaccine Hesitancy in Young People,” Conversation, May 27, 2021, available at <https://theconversation.com/how-to-increase-covid-19-vaccine-uptake-and-decrease-vaccine-hesitancy-in-young-people-161071> (last visited June 11, 2021).+(last+visited+June+11,+2021).>Google Scholar

Piatt, J.L. et al., “When Can You Be Required to Get a COVID-19 Vaccine?” Slate Future Tense, Apr. 5, 2021, available at <https://slate.com/technology/2021/04/covid-vaccination-law-mandates-requirements.html> (last visited June 11, 2021).CrossRef+(last+visited+June+11,+2021).>Google Scholar

Jimenez, J., “Washington State’s Vaccine Incentive: Free Marijuana,” New York Times, June 7, 2021, available at <https://www.nytimes.com/2021/06/07/us/washington-marijuana-covid-vaccine.html> (last visited June 11, 2021).+(last+visited+June+11,+2021).>Google Scholar

See Mervosh, supra note 5.Google Scholar

DeWine, M., “Don’t Roll Your Eyes at Ohio’s Vaccine Lottery,” New York Times, May 26, 2021, available at <https://www.nytimes.com/2021/05/26/opinion/ohio-vaccine-lottery-mike-dewine.html> (last visited June 11, 2021).+(last+visited+June+11,+2021).>Google Scholar

Groppe, M., “Federal Government Gives OK for States to Offer Lotteries, Cash Incentives for Vaccinations,” USA Today, May 26, 2021, available at <https://www.usatoday.com/story/news/politics/2021/05/25/covid-vaccine-feds-ok-lotteries-cash-incentives-vaccinations/7436394002/> (last visited June 11, 2021).+(last+visited+June+11,+2021).>Google Scholar

Michigan Medicine – University of Michigan, “Dollars to Donuts: What Will it Take to Get More of the U.S. Vaccinated Against COVID-19?” Newswise, June 4, 2021, available at <https://www.newswise.com/coronavirus/dollars-to-donuts-what-will-it-take-to-get-more-of-the-u-s-vaccinated-against-covid-19> (last visited June 11, 2021).+(last+visited+June+11,+2021).>Google Scholar

Hodge, J.G. Jr., Public Health Law in a Nutshell, 3rd Ed. (West Academic Publishing, 2018): at 89.Google Scholar

NCSL.org, “States with Religious and Philosophical Exemptions from School Immunization Requirements,” May 30, 2021, available at <https://www.ncsl.org/research/health/school-immunization-exemption-state-laws.aspx> (last visited June 11, 2021).+(last+visited+June+11,+2021).>Google Scholar

Whitlow v. California, 203 F. Supp. 3d 1079 (S.D. Cal. 2016).Google Scholar

Roman Cath. Diocese of Brooklyn v. Cuomo , 141 S. Ct. 63 (2020); S. Bay United Pentecostal Church v. Newsom, 141 S. Ct. 716 (2021); Tandon v. Newsom, 141 S. Ct. 1294 (2021).Google Scholar

Boufides, C.H. et al., “FAQ: COVID-19 and Health Data Privacy,” Network for Public Health Law, June 20, 2020, available at <https://www.networkforphl.org/resources/faqs-covid-19-and-health-data-privacy/> (last visited June 11, 2021).+(last+visited+June+11,+2021).>Google Scholar

CDC, “Data Use and Sharing Agreement to Support the United States Government’s COVID-19 Emergency Response Jurisdiction Immunization and Vaccine Administration Data Agreement,” available at <https://www.cdc.gov/vaccines/covid-19/reporting/downloads/vaccine-administration-data-agreement.pdf> (last visited June 11, 2021).+(last+visited+June+11,+2021).>Google Scholar

Holland, J. et al., “Tracking the Vaccinated by Name, Race Challenges Privacy Laws,” Bloomberg Law, Mar. 3, 2021, available at <https://www.bloomberglaw.com/bloomberglawnews/tech-and-telecom-law/XA00D70O000000?bna_news_filter=tech-and-telecom-law#jcite> (last visited June 11, 2021).+(last+visited+June+11,+2021).>Google Scholar

Id. Google Scholar

Id. Google Scholar

PHE.gov, “Public Readiness and Emergency Preparedness Act,” Public Health Emergency, Mar. 16, 2021, available at <https://www.phe.gov/Preparedness/legal/prepact/Pages/default.aspx> (last visited June 11, 2021).+(last+visited+June+11,+2021).>Google Scholar

Declaration Under the Public Readiness and Emergency Preparedness Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15,198 (Mar. 17, 2020).Google Scholar

Id. Google Scholar

HRSA.gov, Countermeasures Injury Compensation Program, Dec. 2020, available at <https://www.hrsa.gov/sites/default/files/hrsa/cicp/cicpfactsheet.pdf> (last visited June 11, 2021).+(last+visited+June+11,+2021).>Google Scholar

Countermeasures Injury Compensation Program: Administrative Implementation, Interim Final Rule, 75 Fed. Reg. 63,656 (Oct. 15, 2010).Google Scholar

Brilliant, L. et al., “The Forever Virus: A Strategy for the Long Fight Against COVID-19,” Foreign Affairs, July/Aug. 2021, available at <https://www.foreignaffairs.com/articles/united-states/2021-06-08/coronavirus-strategy-forever-virus?utm_medium=promo_email&utm_source=pre_release&utm_campaign=mktg_actives_forever_virus&utm_content=20210608&utm_term=all-actives> (last visited June 11, 2021).+(last+visited+June+11,+2021).>Google Scholar