Within hours of the Biden administration releasing a January 4 deadline for employers to force over 80 million workers to get the COVID-19 vaccination, a small business advocacy group declared it is filing a lawsuit seeking the unconstitutional mandate to be blocked.
“The Biden administration’s vaccine mandate is clearly illegal and will have a devastating impact on our small business community and our entire economy,” CEO of the Job Creators Network (JCN) Alfredo Ortiz, the said.
JCN is suing the Biden administration, arguing that the Occupational Safety and Health Administration (OSHA) does not have the authority to enforce the mandate and that there is no grave danger that makes it necessary.
For one thing, federal law says that you can not mandate a vaccine if there is an alternative treatment available. Doctors from around the world are touting the use of ivermectin and hydroxychloroquine as successful treatments for COVID-19. That alone negates Biden’s vaccine mandate. That law is why the Democrats have been trashing those two drugs in particular, because they wanted a vaccine mandate all along.
The law also demands that a person have the right to know what is in the vaccine and the option to accept or refuse administration of it.
On July 6, 2021, a MEMORANDUM OPINION FOR THE DEPUTY COUNSEL TO THE PRESIDENT was posted on the FDA website:
Some of these conditions are designed to ensure that recipients of the product “are informed” of certain things, including “the option to accept or refuse administration of the product.”Id. § 564(e)(1)(A)(ii)(III).
Since December 2020, FDA has granted EUAs for three vaccines to prevent coronavirus disease 2019 (“COVID-19”). In each of these authorizations, FDA imposed the “option to accept or refuse” condition by requiring the distribution to potential vaccine recipients of a Fact Sheet that states: “It is your choice to receive or not receive [the vaccine]. Should you decide not to receive it, it will not change your standard medical care.” [emphasis added]
In recent months, many public and PRIVATE ENTITIES have announced that they will require individuals to be vaccinated against COVID-19—for instance, in order to attend school or events in person, or to return to work or be hired into a new job. We will refer to such policies as “vaccination requirements,” though we note that these policies typically are conditions on employment, education, receipt of services, and the like rather than more direct legal requirements.2 In light of these developments, you have asked whether the “option to accept or refuse” condition in section 564 prohibits entities from imposing such vaccination requirements while the only available vaccines for COVID-19 remain subject to EUAs. We conclude, consistent with FDA’s interpretation, that it does not. This language in section 564 specifies only that certain information be provided to potential vaccine recipients and does not prohibit entities from imposing vaccination requirements.3 [emphasis added]
In other words, the Biden administration as of July this year has acknowledged that federal law, specifically for the current COVID-19 vaccine situation, allows Americans to refuse COVID-19 vaccination mandates. They went on to argue that the administration believes private sector companies can impose their own vaccine mandates and those are not against the law.
I would argue, as I suppose many attorneys will as well, that the federal government threatening private sector businesses with heavy fines and penalties unless they comply with Biden’s mandate constitutes the federal government dictating the mandate. They can’t argue that private sector businesses have the right to refuse to push the government vaccine mandate while punishing them if they do so.
A first year law student would see what the Biden administration is doing and would throw the mandate out as unconstitutional. It remains to be seen if the federal government will judge shop who will hear the cases being filed against the unlawful mandate. Don’t think they won’t manipulate the courts. The Democrats have corrupted everything they touch, including much of the courts.
This is just one of the legion of lawsuits that are being filed over the rules of the vaccine mandate vs what federal law says. I am sure the Biden administration believes they can just change the wording of the laws on their websites and be done with it. They do not have the authority to do that, but they already have. Dr. Anthony Fauci, for example, had the definition of “gain of function research” redefined to “save your ass” as Senator Rand Paul (R-KY) put it to the good doctor during congressional testimony.
Many Republican leaders (not Brian Fitzpatrick (R-PA) who is my worthless representative) are accusing the administration of federal overreach in Americans’ personal medical decisions.
When the government forcefully takes away a human being’s right to the sovereignty of their own body, they essentially become a slave to the government, and if the government is allowed to get away with that, then there is no telling what the government will force you to do in the future.
So far, 19 states have filed 3 different lawsuits that are seeking to stop the previously announced mandate for federal contractors.
The rules of the mandate for federal contractors are being challenged by most of the Republican caucus in the Senate.
“This federal vaccine mandate is unconstitutional, and I can’t think of a worse decision for Joe Biden to make right now,” Kansas Senator Roger Marshall said in a statement on Thursday. “Joe Biden’s vaccine mandate is going to create more supply chain blocks, and that’s going to lead to more inflation — of course, Biden knows this, so he’s decided to hold off on enforcement until after the holidays. I will continue to do everything in my power to put a stop to this unconstitutional mandate.”
I wish Pennsylvania had a senator like that. Unfortunately, we have a Democrat Bob Casey Jr. (D-PA) and a half Democrat Pat Toomey (1/2R-PA) the RINO who caved on every important issue to the people of PA.
Police unions around the country have filed lawsuits against local mandates.
White House officials Wednesday night told reporters they believe that the OSHA measure is legal. Wouldn’t it be nice to have officials who could state they know something for a change? I mean, they are forcing people to violate the most personal decision they can make and they say they “believe” what they are doing is legal?
“The OSH Act gives OSHA the authority to act quickly in an emergency where the agency finds that workers are subjected to a grave danger and a new standard is necessary to protect them,” said a senior administration official. “A virus that has killed more than 745,000 Americans, with more than 70,000 new cases per day currently, is clearly a health hazard that poses a grave danger to workers.”
But there is no “grave danger” in businesses across the country. Private sector companies are smart. They have taken the measures that the government guidance recommended. Is the federal government now admitting that their COVID-19 guidance has been wrong all along and they subjected hundreds of millions of American workers to useless policies?
The administration official also said there is a well-established legal precedent for OSHA to “develop safety and health standards,” and the White House specifically mentioned that the new OSHA standards supersede any state or local regulations to the contrary, which means states cannot set their own rules for enforcing workplace requirements without federal approval.
That is an outright lie! The Constitution’s Supremacy Clause says that of the 18 enumerated powers given to the federal government, states and local jurisdictions can’t write laws that supersede the federal government. It doesn’t mean every law that the federal government passes. OSHA, as far as I know, is not listed anywhere in the Constitution. And I’m not familiar with an amendment to the Constitution where the states gave the right to mandate vaccines to the federal government.
On top of that, the “well-established” precedent for OSHA to “develop safety and health standards” applies to things companies provide to workers to do their job, not a virus with a 99% survival rate.
Arizona Attorney General Mark Brnovich, back in September, filed the first lawsuit against federal vaccine mandates. On Friday morning, the Arizona AG vowed to file a new lawsuit over the OSHA rules.
“When faceless government bureaucrats dictate what you must inject into your body, that’s the furthest thing in the world from a safe workplace,” said Brnovich. “The government doesn’t get to be your nanny, and it’s certainly not your doctor.”
JCN CEO Ortiz said he would file a lawsuit once the OSHA rules were finalized. On Thursday morning, his organization followed through.
“The administration’s mandate will exacerbate the worst labor shortage in recorded history by requiring small business owners to terminate some employees who wish not to get vaccinated while also shrinking the pool of job applicants available for hiring,” Ortiz said.
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At this point, I honestly believe that’s exactly what the Biden administration wants to have happen. I think they are in the midst of pulling off a Cloward and Piven action to force the country to collapse so that government can save it, and with the “federal rescue” comes a lot of strings that will remove most if not all of our Constitutional freedoms and civil rights.
Rich is a conservative syndicated opinion writer and runs Maga-Chat.com. He writes about politics, culture, liberty, and faith.
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