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Is the Biden Administration’s vaccine mandate constitutional? Local attorney weighs in

Coronavirus in Kansas

WICHITA, Kan. (KSNW) — Vaccinating millions of Americans. President Joe Biden’s latest vaccine mandate would make two-thirds of the American workforce vaccinated.

Businesses with more than 100 employees must mandate vaccines or testing once a week. In addition, workers in healthcare and education that receive federal funds must be vaccinated. As well as all federal employees and contractors.

Some are now questioning whether the mandate is constitutional or not?

“There’s been challenges already on some of the constitutional aspects of it when employers are mandating (vaccines) themselves,” said employment attorney Trinidad Galdean from Galdean Law Firm.

He says Thursday’s announcement is bringing more calls to his firm from both employers and employees.

“Hey, what can I do? What are and explaining the exceptions and seeing whether they fall under the exception? What they should be doing, how they should be preparing,” Galdean explained.

Galdean says his firm has been working to help some employers create plans to navigate the mandate.

“How to track whether someone is vaccinated or whether someone needs to be tested, then the other aspect is having procedures and all that,” he said. “The other aspect is when individuals or employees come forward and say, I fall under one of the exceptions.”

Some states are already threatening to sue. Kansas Attorney General Derek Schmidt said it will be challenged in Kansas.

“From an employer standpoint, from a private sector, it’s a matter of what do you do while this lawsuit while this litigation is ongoing. Do you comply? Do you not comply?” Galdean said.

He says now it’s just a waiting game for more details.

“Nevertheless, I think we’re going to have employers and employees are going to have to do something, and to what extent just depends,” he said.

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