Trafalgar Poll: Biden Vaccine Mandate Unconstitutional, Majority Says

Trafalgar Poll: Biden Vaccine Mandate Unconstitutional, Majority Says nurse prepares needle (Emily Elconin/Getty Images)

By Eric Mack | Monday, 13 September 2021 02:49 PM

A large majority of likely U.S. voters say President Joe Biden does not hold "the constitutional authority to force private businesses to require vaccine mandates for employees," according to a poll released Monday.

The Trafalgar Poll found 58.6% of likely voters say Biden lacks the authority to do what he announced he would do last week: force COVID-19 vaccinations or weekly testing by imposing financial penalties on businesses larger than 100 employees.

Notably, 68% of third-party or independent voters sided with 84% of Republicans in opposing Biden's action as unconstitutional, while just 27% of Democrats agreed.

The numbers on other questions posed in the poll do not favor Biden either. Biden's mandate sets "a precedent that could be abused by future presidents," according to 56% of likely voters, including 58% of third-party or independent voters.

A majority (56%) also support governors opposing Biden's nationwide vaccine mandate on private businesses, including 46.3% who strongly support governors' opposition.

Biden had stated publicly that vaccine mandates were "not the role of the federal government," but this past Thursday he issued an executive order for the Department of Labor to enforce up to $14,000 fines per individual for those violating the Occupational Safety and Health Administration-led mandate of vaccination or weekly testing.

The Trafalgar Group, along with Convention of States Action, polled 1,098 likely voters Sept. 10-12, and the results have a margin of error of plus of minus 2.96 percentage points.