Cameron Miranda
The COVID-19 pandemic saw the implementation of various vaccine mandates across the United States, enforced by both federal and state authorities. While the federal government mandated COVID-19 vaccination for its employees and contractors, as well as international travelers, several states introduced their own mandates for specific groups, such as healthcare workers and students. However, the question of whether state vaccine laws can supersede federal law has been a subject of legal debate, with lower courts finding that federal law can preempt state-level claims. Nonetheless, in the case of Happel v. Old North State Medical Society, the North Carolina Supreme Court ruled that while the PREP Act provides immunity from certain state-level claims, it does not override constitutional violations. This decision highlights the complex interplay between federal and state vaccine laws and the ongoing legal discussions surrounding vaccine mandates.
| Characteristics | Values |
|---|---|
| Can state vaccine law supersede federal law? | No, federal law prevails over state law. |
| Can federal law supersede state law? | Yes, federal law can override state law. |
| Can federal law mandate vaccination? | Yes, but mandates are often overturned or withdrawn. |
| Can states mandate vaccination? | Yes, and some have. |
| Can states restrict vaccination mandates? | Yes, some states have issued executive orders or legislation to limit vaccination mandates. |
| Can states require vaccination for school children? | Yes, and this often applies to both public and private schools and daycare facilities. |
| Can states require vaccination for healthcare workers? | Yes, and this may include workers in federally-funded facilities. |
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What You'll Learn
The Supremacy Clause
The Supreme Court has relied on the Supremacy Clause to establish a robust role for the federal government in managing national affairs. The Court has interpreted the clause to mean that federal law can preempt state law either expressly or impliedly. Express preemption occurs when federal law explicitly states its intent to supersede state law, while implied preemption occurs when that intent is implicit in the structure and purpose of the federal law.
While the Supremacy Clause affirms the priority of federal authority, it is important to note that this authority must be expressed in the Constitution. Both the federal and state governments must stay within the boundaries set by the Constitution, and the Supreme Court has the final say in interpreting federal law and can overrule state court decisions.
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State laws and vaccination requirements for school children
In the United States, state laws establish vaccination requirements for school children. These laws apply to children attending public schools, private schools, and daycare facilities. All states provide medical exemptions, and some also offer exemptions for religious and/or philosophical reasons.
State laws vary, with some requiring children aged 4 and older who are entering school or daycare to be immunized against certain diseases. A child's pediatrician keeps track of these vaccinations and can provide an immunization record when the child starts school.
Most states have religious exemptions, with varying requirements. For example, Oregon requires proof of vaccine education for exemption. Less than half of the states allow exemptions for children whose parents have philosophical or personal belief objections to vaccination. In most cases, parents must file a one-time or annual form with a school district, stating their personal objection to vaccination.
While federal law generally supersedes conflicting state law, the federal government cannot mandate vaccines for state residents. The federal government can, however, make grants contingent upon state action, such as removing an exemption. States have the option to reject these funds and maintain their exemption.
The federal government's position on vaccination mandates has resulted in conflicting orders with some states. For example, the federal contractor requirements state that they "supersede any contrary State or local law or ordinance." In response, Arizona's Attorney General filed a lawsuit challenging the federal contractor vaccine mandate, alleging it violates several provisions of the Constitution.
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Federal vaccine mandates for government employees and contractors
In the United States, the federal government has issued vaccine mandates for government employees and contractors as part of its COVID-19 action plan. On September 9, 2021, President Biden issued an executive order requiring all federal employees and contractors to be fully vaccinated against COVID-19. The order set deadlines of November 22, 2021, for federal employees and January 4, 2022, for federal contractors to be vaccinated.
The Biden administration's plan aimed to control the COVID-19 pandemic through new executive orders and regulatory actions. The executive orders directed federal agencies to mandate the vaccination of their employees, with exceptions as required by law, and without the option for regular testing instead of vaccination. The orders also required all future government contracts to include a clause mandating compliance with guidance developed by the Safer Federal Workforce Task Force, which likely includes a similar vaccination mandate.
The federal vaccine mandate for government employees and contractors has faced legal challenges and criticism. Some Republican governors argued that the mandate was an unconstitutional overreach of federal authority and threatened to sue to block it. Congressman Dan Newhouse also criticised the mandate, stating that it goes against inalienable rights protected by the Constitution and ignores natural immunity as an alternative form of protection against the virus. He introduced legislation to provide an exemption for federal employees and contractors who can provide proof of COVID-19 antibodies.
The enforcement of the federal contractor COVID-19 vaccine mandate has been further complicated by court injunctions. As of March 2025, the vaccine mandate portion of Executive Order 14042 is enjoined by injunctions covering all or part of federal contracts in 25 states. Additionally, the U.S. Court of Appeals for the Eleventh Circuit overturned the nationwide injunction but kept it in place for the plaintiff parties, creating uncertainty about the federal government's enforcement plans.
While the federal government has issued vaccine mandates for its employees and contractors, it is important to note that vaccination requirements are generally established at the state level. States often mandate vaccinations for school children attending public and private schools and daycare facilities. Additionally, states may require immunisation for healthcare workers and patients or residents of healthcare facilities.
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State laws and federal preemption
In the United States, federal law and state law exist in parallel. While state laws cannot reduce or restrict the constitutional rights of US citizens, they can confer additional liberties. For example, state laws can legalise recreational marijuana, prevailing over federal law, as long as they do not infringe on fields under the federal government's specific remit.
The Supremacy Clause, found in Article VI, Clause 2 of the United States Constitution, states that the Constitution and federal law supersede state laws. The Preemption Doctrine, which arose from the 2008 Supreme Court case *Altria Group v. Good*, dictates that state laws in conflict with federal laws are powerless.
There are four types of preemption: express, implied, conflict, and field. Express preemption occurs when Congress asserts that a statute preempts federal law, typically including a preemption clause in the written statute. To determine express preemption, the conflicting state law must be evaluated to see if the issue falls within the scope of what Congress intended with the federal law. When Congress does not explicitly include a provision for preemption in the written statute, it may be the case that federal law still preempts state law. When state and federal laws directly conflict, or when a federal law already governs the field that a state law tries to regulate, implied preemption can cause a court to err on the side of federal law.
Field preemption occurs when federal laws cover a field of law so thoroughly that there is no room for states to alter it. For example, currency, immigration, and bankruptcy law are fields exclusively handled by Congress. Conflict preemption occurs when it is impossible to comply with both federal and state laws, or when complying with one law results in a violation of the other.
Despite ruling in favour of federal law being the higher authority, the Preemption Doctrine advises that courts should lean towards siding with the state rather than federal authority whenever ambiguity is present.
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State laws and federal civil rights laws
In the United States, civil rights laws are enforced at both the federal and state levels. Federal civil rights laws are enacted by the US Congress and apply uniformly across the country, while state civil rights laws are enacted by individual state legislatures and apply only within their respective states.
The Civil Rights Act of 1964 is a landmark federal legislation that prohibits discrimination on the basis of race, color, and national origin in various aspects of life, including employment and education. It established the Equal Employment Opportunity Commission (EEOC) to enforce these provisions and investigate complaints of discrimination. Title VII of the Civil Rights Act specifically addresses employment discrimination and requires employers to post notices informing employees and applicants of their rights under the law.
State civil rights laws often mirror and complement federal laws, filling in gaps or providing additional protections in specific areas. For example, states may have their own fair employment practices laws that prohibit discrimination on additional grounds, such as sexual orientation or gender identity, which may not be explicitly covered by federal law.
In the context of education, the US Department of Education (ED) enforces civil rights laws that prohibit discrimination in all state education agencies, schools, colleges, and universities that receive federal funding. This includes Title VI of the Civil Rights Act, which prohibits discrimination based on race, color, or national origin, and Title IX, which prohibits sex-based discrimination. State laws may also establish vaccination requirements for school children, applying to both public and private schools, as well as day care facilities.
While federal law sets a baseline for civil rights protections, state laws can sometimes provide stronger or more comprehensive protections for individuals. In cases where state and federal laws conflict, the interpretation and resolution of such conflicts can be complex, often involving judicial rulings to determine which law takes precedence.
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Frequently asked questions
No, federal laws always prevail over state laws. The Supremacy Clause, found in Article VI of the Constitution, states that federal laws are more important than state laws.
Yes, over the course of the COVID-19 pandemic, several states and municipalities in the United States enacted vaccine mandates.
Yes, in May 2023, several states had begun enacting executive orders or legislation designed to limit vaccination mandates.
Yes, in September 2021, President Joe Biden announced that the federal government would take steps to mandate COVID-19 vaccination for federal agencies and their employees.
Yes, federal vaccine mandates can be challenged and have been overturned through litigation or withdrawn by the administration.
