Gli obblighi vaccinali negli Stati Uniti tra separazione orizzontale e verticale dei poteri

Abstract

The vaccine mandates in United States between horizontal and vertical separation of powers – Last 13 of January, the US Supreme Court struck down the Biden administration's vaccine-or-test rule, declaring that the Occupational Safety and Health Administration had exceeded its authority (NFIB v. OSHA). At the same time, the court upheld a regulation issued by the Centers for Medicare and Medicaid Services that mandates vaccines for almost all employees at hospitals and other health care providers that receive federal funds (Biden v. Missouri). Beside the ideological polarization of the judges, the cases are quite interesting because they highlight the clash between vertical and horizontal separation of powers in the
US Constitutional system. Comparing these two cases could provide significant guidance related to the principles of federalism, to the separation of powers doctrine and of democratic legitimacy within the administrative state.