Biden tells legal challengers to 'have at it' after announcing vaccine mandate


As Republican governors sharply criticize President Biden's new vaccine rules and promise legal challenges, he's encouraging them to "have at it."
Biden on Thursday announced he's directing the Labor Department to require businesses with more than 100 employees to require workers show proof of vaccination or get tested for COVID-19 weekly, prompting pushback from Republican governors. Georgia Gov. Brian Kemp (R) promised to "pursue every legal option available to the state of Georgia to stop this blatantly unlawful overreach by the Biden administration," while South Dakota Gov. Kristi Noem (R) tweeted at Biden, "See you in court."
To those threatening legal action, Biden responded Friday, "Have at it." He added that he's "so disappointed" with Republican governors who have been "so cavalier" with the "health of their communities," adding, "This isn't a game." Biden also argued that scientists universally agree that his six-step plan for fighting the pandemic, which includes the vaccine mandates for employers, makes "considerable sense."
The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
As far as whether the legal challenges will succeed, vaccine law expert Brian Dean Abramson predicted to Insider that "we're not going to see a suspension of this rule," while constitutional law professor Erwin Chemerinsky argued to Law&Crime, "There is no constitutional problem with requiring people be vaccinated." Conservative commentator David French also tweeted that that since the Supreme Court has "allowed Congress to delegate lots of its lawmaking power," it's "far from certain" the court would strike down Biden's mandate.
But CNN legal analyst Jeffrey Toobin on Friday said there are "legitimate" questions as to whether Biden has the authority to implement his vaccine rules, though Toobin noted they're difficult to answer before the actual regulation has been released.
"These are not frivolous concerns on the part of these Republican governors, but it's not also clear that they're going to win," Toobin said. "It's an unsettled legal question."
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Brendan worked as a culture writer at The Week from 2018 to 2023, covering the entertainment industry, including film reviews, television recaps, awards season, the box office, major movie franchises and Hollywood gossip. He has written about film and television for outlets including Bloody Disgusting, Showbiz Cheat Sheet, Heavy and The Celebrity Cafe.
-
Millet: Life on the Land – an 'absorbing' exhibition
The Week Recommends Free exhibition at the National Gallery showcases the French artist's moving paintings of rural life
-
Scientists are speeding up evolution
Under the radar Proteins can evolve in minutes
-
Crossword: August 29, 2025
The Week's daily crossword
-
DC prosecutors lose bid to indict sandwich thrower
Speed Read Prosecutors sought to charge Sean Dunn with assaulting a federal officer
-
White House fires new CDC head amid agency exodus
Speed Read CDC Director Susan Monarez was ousted after butting heads with HHS Secretary Robert F. Kennedy Jr. over vaccines
-
DOGE put Social Security data at risk, official says
Speed Read DOGE workers made the personal information of hundreds of millions of Americans vulnerable to identity theft
-
Court rejects Trump suit against Maryland US judges
Speed Read Judge Thomas Cullen, a Trump appointee, said the executive branch had no authority to sue the judges
-
Trump expands National Guard role in policing
Speed Read The president wants the Guard to take on a larger role in domestic law enforcement
-
Trump says he's firing Federal Reserve Governor Lisa Cook
Speed Read The move is likely part of Trump's push to get the central bank to cut interest rates
-
Abrego released from jail, faces Uganda deportation
Speed Read The wrongly deported Kilmar Abrego García is expected to be detained at an ICE check-in and deported to Uganda
-
Trump arms National Guard in DC, threatens other cities
speed read His next targets are Chicago, New York and Baltimore