It’s a close call. Even those who resist government intervention in private matters will endorse rules that bar some persons from violating the rights of others. Ordinarily, those rules ban or limit harm-inducing activities. Occasionally, however, advocates of limited government will condone directives to engage in benign activities (even when not cost-free) if failure to do so might cause injury to innocent bystanders. Safety requirements for nuclear power plants would be one example, or obligatory pollution controls.
Punishing aggressive acts that have already caused damage is a routine government function. But it’s more complicated when government compels conduct that might minimize or alleviate future harm. That’s an area of the law — endangerment — where rights theory is difficult to apply. How much increased risk do I have to endure before your potentially malign failure to act can be redressed? When rights theory doesn’t provide adequate guidance, defenders of liberty often look to utilitarian, cost-benefit tradeoffs. In the context of the vaccine, here are a few relevant factors.
First, how safe is the mandated act? As of this writing, nearly 170 million Americans have been fully vaccinated against COVID. According to the Centers for Disease Control and Prevention, the vaccine — under the most intensive monitoring in U.S. history — is remarkably safe. Adverse events are rare and long-term side effects are extremely unlikely. Moreover, vaccine mandates are nothing new. Wyoming, an indisputably conservative state, requires vaccines for 12 diseases if a child wants to attend either public or private school or a care facility, or participate in school-sanctioned activities.
Second, what’s the magnitude and frequency of an injury that could occur without a mandate? Three groups are at risk: People who, for various reasons, cannot get vaccinated and are therefore exposed to transmission, mainly from others who are not vaccinated. People in states like Texas and Florida who await medical services that aren’t available because hospitals, equipment, and personnel are overwhelmed with COVID cases. And people who must take precautions against, or who have been afflicted by, the new Delta variant. More vaccinations would have slowed transmission and thereby afforded fewer opportunities for the virus to mutate. Significantly, based on data from 40 states, persons fully vaccinated accounted for as little as 0.2 to 6 percent of COVID deaths, and 0.1 to 5 percent of hospitalizations.