Will the Supreme Court Strike Down Biden’s Vaccine Mandates?

To listen to this podcast episode, click on the Play button in the bar at the bottom of the screen. To listen while browsing, click on the Expand button at the bottom right to launch the player in a new browser tab/window.

On January 7 the Supreme Court will hear oral argument in a set of cases challenging the Biden administration’s Covid vaccine mandates. Under one mandate, employers with more than 100 employees must require those employees to be vaccinated, or be tested for Covid on a weekly basis. Under the other mandate, any health care facility that participates in Medicare or Medicaid must ensure that all their workers are fully vaccinated.

Joining host Jeffrey Rosen are two attorneys who filed amicus briefs in these cases. John Masslon, senior litigation counsel at Washington Legal Foundation, filed an amicus brief arguing against the legality of the mandates, and Deepak Gupta, founding principal of Gupta Wessler and instructor at Harvard’s Supreme Court Litigation Clinic, filed an amicus brief in support of the legality of the mandates on behalf of the American Public Health Association.

The National Constitution Center relies on support from listeners like you to provide nonpartisan constitutional education to Americans of all ages. In honor of the 234th anniversary of the ratification of the U.S. Constitution, every dollar you give to support the We the People podcast campaign will be doubled with a generous 1:1 match up to a total of $234,000, made possible by the John Templeton Foundation!

Visit to donate, and thank you for your crucial support.


Questions or comments about the show? Email us at [email protected].

Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr.

Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at

What do you think?


Mark Levin Audio Rewind – 1/6/22

jesse kelly-01