SLATE: The Constitution Requires the U.S. to Offer Vaccine Passports

An interesting argument on the constitutionality of vaccine passports.

“The concept of vaccine passports has opened a new fissure in the COVID culture wars. Many liberals and libertarians—and a slim majority of Americans—support them, while many conservatives call them unjust, even unconstitutional discrimination. On this last point, however, U.S. constitutional law is clear: The government can limit certain rights and privileges to the vaccinated, especially during a pandemic. So the more pertinent question now isn’t whether vaccine passports are allowed; it’s whether they are required—whether the Constitution entitles vaccinated people to receive exemptions from many COVID restrictions. We believe it does.” (Emphasis mine)

Personably, I do not think they are necessary as cards are issued at time of vaccine. However, saying that the Constitution “requires” them to be issued is compelling, to a point.

As far as private businesses requiring them, that is up to the businesses themselves.

12 thoughts on “SLATE: The Constitution Requires the U.S. to Offer Vaccine Passports

  1. Without addressing the Constitutional issues just yet, there is the practical matter of counterfeiting cards. Counterfeit cards are already available online.

    So, to be useful, the cards will have to be electronically imprinted and linked to a database, like your driver’s license. to verify the card you have is real, and yours.

    I would prefer they were supplied by the private sector and verification made available to businesses who wish to offer enhanced access to those who are vaccinated.


    1. …”they were supplied by the private sector and verification made available to businesses who wish to offer enhanced access to those who are vaccinated.”

      Contracted out by the government?


        1. Sometime government is needed for BIG things. This is a BIG thing. I understand your disdain for government involvement in ANYTHING, but sometimes it is better than to allow your precious market to have unfettered access to the information required.


  2. While I don’t disagree with providing vaccine information to participate in various activities I think Slate is mistaken that US “constitutional law” clearly stating anything about being able to infringe on basic personal freedoms. Instead of a law is enacted, courts use a least restrictive means test of enacted laws perceived to be compelling to government interests such as restrictions during a pandemic. So can government enact temporary laws to protect the public, yes, but they have to do it in the least restrictive way. Is the government compelled to issue Covid vaccine passports, no, your immunization record suffices for official requests like for school or travel but private business requests for medical records is a stretch.


    1. …”but private business requests for medical records is a stretch.”

      I don’t see how a private business requesting proof of vaccine (or immunity through testing, as Don suggests, and I tend to agree) as a HIPAA records request. It is similar to an ID and only shows that you have been vaccinated or have gained immunity through previous exposure.


      1. I think that would open a Pandoras box of claims of racism since that is the common theme of the day. Funny how the Biden intended ban on Menthol cigs is suddenly a racist issue because 85% of black smokers smoke them. Passport or menthol ban, thinking you are protecting people like a good mommy is racist in the end.


        1. …”since that is the common theme of the day”

          Only in your very small mind. It was not part of the conversation , nor should it be. But all of a sudden you find it necessary to bring race into the topic. Which is what you accuse everyone else of doing.


          1. Simply beating your small mind to the punch. You in fact are the one that finds racism in a bag of potato chips!!


  3. One other thing. Any vaccine passport plan should include those who test positive for antibodies because they have been naturally exposed and thus have immunity without vaccination.

    Liked by 1 person

  4. Kent v. Dulles — “The right to travel is a part of the ‘liberty’ of which the citizen cannot be deprived without due process of law under the Fifth Amendment. If that “liberty” is to be regulated, it must be pursuant to the law-making functions of the Congress. . . . . Freedom of movement across frontiers in either direction, and inside frontiers as well, was a part of our heritage. Travel abroad, like travel within the country, . . . may be as close to the heart of the individual as the choice of what he eats, or wears, or reads. Freedom of movement is basic in our scheme of values.”

    Thus, a duty of government is to facilitate the ability of its citizens to free movement…

    Liked by 1 person

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