Vaccine Passports and the Right to Exclude: How the Court’s Holding in \u3cem\u3eCedar Point Nursery v. Hassid\u3c/em\u3e Could Light Fire to the Debate on the Constitutionality of Vaccine Passport Requirements and Bans

The COVID-19 pandemic gave America its biggest health crisis in the last one hundred years. In efforts to resolve this crisis, several state governments have issued various types of public health measures. Three of these measures are Vaccine Mandates, Vaccine Passport Requirements, and Vaccine Passport Bans. This Comment explores the legality of these three public health measures through the unique lens of the Fifth Amendment Takings Clause. Specifically, this Comment focuses on how both Vaccine Passport Requirements and Bans infringe on property owners’ rights to include and exclude unvaccinated patrons. This, in turn, results in a physical taking under the Supreme Court’s current jurisprudence.