The courts will likely agree that the federal government has the authority to enforce COVID-19 vaccine mandates, but will argue that the rules and penalties can’t be enforced, says Harvard Law School professor emeritus Alan Dershowitz.

President Joe Biden said on Sept. 9 that he’ll direct the Occupational Safety and Health Administration (OSHA) to mandate that employees at companies with 100 or more workers will have to either submit to weekly testing or get a COVID-19 vaccine. White House officials have said that fines will be handed down to those who don’t comply with the rule, which will impact about 80 million private-sector employees.

“No. 1, is this something the federal government can do as compared to the states?” Dershowitz told Newsmax. “The states have police power. The federal government doesn’t have police power. The federal government’s powers have to derive from the text of the Constitution.”

It’s likely that the courts will say that the government can enforce vaccine mandates, but will argue that only Congress can order punishments and fines, he said.

“I think the courts will say the federal government does have the power, because this is a national issue across the state lines. It’s not limited to states. It’s contagious,” Dershowitz said. “I think they will say that in the event that science supports it, there can be mandated vaccinations with exceptions.”

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