Vaccines in the Time of COVID-19: How Government and Businesses Can Help Us Reach Herd Immunity

Abstract

The COVID-19 pandemic continues to wreak havoc on American society. Public health experts agree that the best way to end it is with the development, distribution and implementation of a safe and effective vaccine program. However, a vaccine will only be successful if the number of Americans inoculated is sufficient to reach herd immunity. Unfortunately, recent polls indicate this may not be achieved because the majority of Americans appear unwilling to be vaccinated against the SARS-CoV-2 coronavirus. Such a failure might be prevented by action of both the government and private entities. This Essay addresses the potential strategies available to government and private businesses to either mandate or encourage people to get vaccinated. First, the Essay examines the broad power state governments have to pass mandatory vaccination laws and how this would apply to a vaccine against the SARS-CoV-2 coronavirus. In doing so, it distinguishes between broad mandatory vaccination policies that apply to all residents of a given location and more targeted policies that condition receipt of a government benefit on vaccination. Next the Essay focuses on how private businesses could mandate vaccination for both employees and customers, highlighting potential legal issues involving medical and religious exemptions. Finally, the Essay discusses how lessons learned from behavioral economics can be used by both government and employers to nudge people to be vaccinated. The Essay concludes by explaining that the best approach for ensuring that a sufficient number of Americans are immunized is a combination of targeted government mandates, employer mandates and nudging by both government and private businesses.