President Joe Biden says he will have federal regulators make employers require workers to get vaccinated against COVID-19, or else they’ll have to pay for continuous testing of the unvaccinated. That plan raises a serious constitutional problem: The federal government lacks the power to coerce people into vaccinations.

The Biden administration seems aware of this problem. For months, the White House has said it could not do this. As the White House chief of staff retweeted, “OSHA doing this vaxx mandate as an emergency workplace safety rule is the ultimate work-around for the Federal govt to require vaccinations.”