Legal Analyst: Kemp Unlikely To Get Far In Court Challenge To Federal Vaccine Requirements

Georgia Gov. Brian Kemp speaks during a news conference at Lockheed Martin on Thursday, Aug. 26, 2021, in Marietta, Ga.

Brynn Anderson / AP Photo

As Georgia Gov. Brian Kemp and other GOP leaders nationwide threaten a legal challenge against President Joe Biden’s new COVID-19 vaccine requirements, analysts are asking what grounds do the governors have?

The federal mandate announced Thursday includes making private-sector businesses with more than 100 workers order COVID-19 vaccines, or regular COVID-19 testing, for all staff. The rules also require vaccines for more than 17 million health care workers at Medicare and Medicaid- participating hospitals, and other health care facilities.

Biden says the federal Occupational Safety and Health Administration ⁠— or OSHA ⁠— will enforce the requirements.

Kemp is calling the rules an attack on individual freedom. But Georgia Department of Public Health data shows the state has one of the lowest vaccination rates in the country, and hospitals are overwhelmed with delta variant cases.

WABE’s legal analyst Page Pate joined “All Things Considered” to break down how the governor’s argument would play out in court.

Lily Oppenheimer contributed to this report.