Banning Vax Mandates

Say that you'll never, never, never, never need it
One headline, why believe it?
Everybody wants to rule the world
--Tears for Fears

Interesting development in South Dakota where Governor Kristi Noem, the most ardent opponent of lockdowns during the CV19 pandemic among state governors, refuses to back Republican-led legislation that would ban vaccine mandates by employers inside the state. 

On the surface, this may seem inconsistent. Opposing lockdowns but not opposing vax mandates? However, her position is actually well reasoned and consistent.

Noem has in fact banned vaccine mandates for state and local government workers under constitutional requirements that guarantee individuals the right to pursue their persons interests free of government interference without probable cause and due process.

However, those constitutional restraints do not extend to private businesses. Employers and employees are free to negotiate terms. Noem clearly recognizes this and does not want to set a dangerous precedent.

Her position demonstrates very good insight that, unfortunately, is very uncommon nowadays.

I do think that, to be thorough and completely transparent, Noem needs to address an issue that we have recently considered and one raised by one of the GOP legislators in the article behind the anti-vax mandate bill. Are 'private' businesses, especially larger ones, truly private?

There is an argument to be made that many companies are beholden to government for resources of some type, and thus subject to government influence. They are essentially government sponsored entities.

If this is the case, then there is an argument to be made that, by implementing vaccine mandates, these companies are doing the bidding of government. This is unconstitutional

As strong as her position is, an even more constitutionally consistent revision to Noem's position might be to ban vax mandates in corporations where it can be demonstrated that they are dependent on the government for resources of any kind. 

If companies want to be free to impose mandates on their employees, then they should first show that they free from government influence that might shape their decisions in ways that truly unhampered markets would not.