? Like I said, IANAL, but from my layperson perspective I don’t see how it can be simultaneously constitutional to prioritize vaccinations based on age (even though age discrimination is illegal in other contexts), but not constitutional to prioritize vaccinations based on race (even though racial discrimination is illegal in other contexts).
As DSeid said, if the category in question (e.g., advanced age, nonwhite race) really does significantly correlate to higher risk from COVID, then what’s unconstitutional about prioritizing that category for vaccination?
Likewise, although I’m totally not in favor of gender discrimination, if we had (Og forbid) some pandemic that was on average more deadly to men than to women, I’d be all in favor of men getting fast-tracked for the vaccine and women going to the end of the queue. I don’t see how that would be unconstitutional either.