And there are some potentially compelling arguments on the other side at least by private businesses/corporations which choose to impose a vaccine mandate upon employees within the realm of fiduciary duty obligations that may fall outside the strictures of employment contracts, i.e. where corporations are required to act in the best interests of the business and use their best business judgment in order to make decisions they deem to be reasonable under the circumstances. Based upon the universal vaccine data success rates that are out there now out in both the public and private sectors, mixed with the obligations corporations have to principals/members with regards to health, safety, etc., I wouldn't be surprised to see courts uphold mandates in certain parts of the country on the basis of this type of arm's length judgment discretion which is typically afforded to corporate boards by the courts (and stretch to get there in other parts of the country, LOL).

I'm a corporate lawyer, not a government lawyer, but my guess is that the government is preparing the same or similar types of arguments pertaining to public policy and government interest in this regard.

GO COUGS.