From Children's Health Defense: The Pfizer and Moderna [experimental] vaccines are emergency use products, and as such, not fully licensed. Thus, states may not mandate the vaccines, and private entities do so at the peril of violating federal law. “Emergency Use Authorization” means that any product with this designation must be voluntary.
Governors may not mandate EUA vaccines, or EUA tests for COVID infection. States cannot override federal law or set up their own mandatory scheme. See for example, Lorillard Tobacco Co. v. Reilly, 533 U.S. 525, 570-71 (2001), which overturned a state public health law because it was already the subject of a comprehensive federal scheme to manage public health, and Department of the Navy v. Egan, 484 U.S. 518, 530 (1988).
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