President Joe Biden, not long after the Afghanistan withdrawal catastrophe, announced he would skirt around the democratic process to write an executive order with no basis of law behind it to order the Secretary of the Department of Labor to mandate employers who have over 100 employees to “ensure their workforces are fully vaccinated or show a negative test at least once a week.”
Biden said the usurpation of power was essential “to protect vaccinated workers from unvaccinated workers.”
Firstly, it is asinine gaslighting to make claims that the vaccines are safe and effective and in the same breath declare that healthy unvaccinated Americans are making vaccinated Americans sick with COVID, but that’s exactly the spin that Biden handed out in his speech on September 9.
In his speech, Biden assured us he has the authority to do a vaccine mandate. Like every foreign policy decision he’s made over the last 40+ years, Biden is flat out wrong on this. No one gave him the authority to do it.
Supposedly, the Secretary of Labor will dish out regulations through OSHA through what we call an Emergency Temporary Standard (ETS) that would allow the Secretary of Labor to issue vaccine mandates without any administrative requirements of rules like a heads up notice or public comment periods, because tyrants do not care what the people have to say about their rules. They just enforce them strictly, unless, of course, you’re a Sponsor of Biden (SOB) [pun intended] and you get an exemption.
The Biden administration is in a rush to push vaccine mandates because of what they believe is an urgency to combat the COVID virus, but truth be told, neither OSHA nor the Labor Department have argued the necessity of a vaccine mandate since they were first available under Emergency Use Authorization (EUA), which is coming up on the one year mark.
Talk about a lack of transparencies; the Biden Department of Labor is holding “secret” meetings with the US Chamber of Commerce and other business lobbyists to garner support for the mandate.
From Bloomberg Law:
Solicitor of Labor Seema Nanda held a virtual meeting with Neil Bradley, the Chamber’s chief policy officer, and other business lobbyists. The Chamber, the largest business lobbying group in the U.S., has yet to publicly declare a position on the coming Occupational Safety and Health Administration emergency rulemaking.
It was one of at least three briefings the department held Friday for labor union leaders and employer associations—constituencies the White House hopes to forge partnerships with to lift the vaccination rate nationwide. Information from the calls was disclosed to Bloomberg Law by eight sources who took part, all of whom requested anonymity because they didn’t have approval to speak publicly.
The whole vaccine mandate is unconstitutional, and the lawsuits testing that theory will begin just as soon as OSHA creates and issues the new rules. The Fake News media is already acting as the Praetorian Guard for the Biden administration by reporting to the public that such challenges to the mandate are probably not going to succeed.
They are lying and gaslighting for the administration, so don’t fall for it.
The Constitutionality of Biden’s vaccine mandate will be tested under something known as the Major Rules Doctrine. This is where the courts look to see if A) the agency action is a major rule and B) if Congress has clearly authorized the agency’s action.
The federal bureaucracy, especially in the Executive branch, does not get to make up its own rules, rules that come with penalties including fines and/or prison time, and it’s about time the bureaucracy is reigned in from that unauthorized power. Rules like that are laws, and laws can only be created by the Congress. So far, Congress has not made any vaccine mandate laws, so Joe Biden’s executive orders are unconstitutional. This is Introduction to US Government level, folks.
American politicians and their boot-licking sycophants in the mainstream news media want Americans to forget that basic fundamental principle of our Constitutional system that the Congress legislates and the Executive branch enforces law.
For the first question of the Major Rules Doctrine, there is no doubt whatsoever that Biden’s vaccine mandate is a major rule as it affects the healthcare decisions of over 80 million American citizens in the private sector. Such a rule has never been taken before by OSHA or any other federal agency and for good reason, because they’re not allowed to do it. The Biden mandate would also affect the US economy in its entirety. There are other past rules far less invasive than the Biden vaccine mandate that were determined to be major rules like in MCI Telecommunications Corp. v. American Telephone & Telegraph Co., 512 U.S. 218 (1994) where rate regulations of telephone companies was considered a major rule.
It would not surprise me in the least if the Biden administration is working with the Chamber of Commerice right now to figure out ways to claim that forcing 80 million Americans to get vaccinated with an EUA vaccine through their employment is not a major rule. Don’t let them gaslight you, because there is no way such a mandate is not considered a major rule.
On the second question of whether the Congress has “clearly authorized” the Department of Labor and OSHA to mandate vaccines, the answer is without question, No. There is nothing in the OSH Act of 1970 where Congress gave such a power to the Labor Department or OSHA. Don’t take my word for it, read it yourself HERE.
While the OSH Act allows regulation of employer actions that promote a safe work environment and/or employee work actions such as wearing a helmet when warranted or operating heavy equipment, it historically never included vaccine mandates.
Don’t forget that very recently, the US Supreme Court looked into agency history to determine if the CDC had the authority to create an eviction moratorium and determined it did not.
To lend credence to this theory, in 2017 then Judge Brett Kavanaugh wrote in a dissent from the DC Circuit Court of Appeals that the FCC’s Net Neutrality Rule was a major rule that was not clearly authorized by Congress. In his dissent opinion, Kavanaugh went through Supreme Court cases that support of his belief and he argued the major rules doctrine is essential to uphold the separation of powers. Violating the separation of powers is a Democrat’s dream, which is exactly what Biden’s vaccine mandate does, except now Justice Kavanaugh is on the US Supreme Court.
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Outside of the 14th Amendment’s Equal Protection Clause that says government can not create a rule or law that treats one group of people differently than another, which is what the Biden vaccine mandate does when it says all federal workers must get vaccinated unless you work for the Post Office or are an SOB for example, the Biden vaccine mandate is unconstitutional based on the fact that the Executive branch does not have the authority to create such a mandate and the Congress has never given clear authority to the Department of Labor or OSHA to do so.
Rich is a conservative syndicated opinion writer and runs Maga-Chat.com. He writes about politics, culture, liberty, and faith.
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