If H.R.4980 becomes law, it will prevent millions of Americans from traveling by airplane because of their vaccination status which is discrimination.
49 U.S.C. § 40103 states, "A citizen of the United States has a public right of transit through the navigable airspace." H.R.4980 violates our Fifth Amendment by depriving The People of liberty without due process of law and the Fourteenth Amendment by depriving The People the right to equal protection under the law. The Supreme Court has also acknowledged that freedom of movement is closely related to the First Amendment’s freedom of association and freedom of expression.
H.R.4980, introduced by Rep. Ritchie Torres [D-NY-15] on August 6, 2021, directs the Transportation Security Administration (TSA) to ensure that any individual traveling on a flight that departs from or arrives at an airport inside the United States or a U.S. territory is fully vaccinated against COVID-19.
Torres cites Article I, Section 8 as the constitutional authority for H.R.4980. Torres has compared the coronavirus to bringing a weapon on a plane. He stated, "The TSA never allows people to enter planes or airports with a weapon, and the delta variant is a weapon. It is a threat to everyone in an airport and everyone on a plane.” Torres further stated, "we must come to grips with the fact that voluntary vaccination will only take us so far. We have to exhaust every means to crush the delta variant," Torres explained. Apparently, this includes infringing on U.S. citizens’ civil liberties.
While H.R.4980 does allow for exceptions for individuals who are ineligible or medically unable to be fully vaccinated against COVID-19, this mandate will still require most Americans to be vaccinated against their will in order to fly within the U.S.
Not everyone sees Torres’ bill as "commonsense.” Rep. Thomas Massie (R-KY) promises to "oppose this authoritarian legislation with every fiber." If H.R.4980 becomes law, this mandate will prohibit Americans from flying within the U.S. if they are eligible for a coronavirus vaccine but choose to abstain. U.S. Citizens will be forced to violate their right of conscious, religious beliefs and violate their First Amendment right of freedom of association.