Is Biden's work "vaccine" mandate constitutional? Update: "The 100+company-rule" mandate
How long will it take the Supreme Court to rule on his Executive order?
Very simply put: No. And it’s far from that.
The Wall Street Journal published a letter from Bruce Atkinson making some interesting remarks about the nonexistent mandate, including the following:
The mandate’s nonexistence shields the Biden administration from legal challenges that may ultimately restrict the Occupational Safety and Health Administration’s authority. Yet the mandate is still effective at compelling industries and companies into compliance, as it leaves room for any eventual issuance to target noncompliant entities. This implied cudgel is particularly effective on industries and companies that are dependent on federal spending or the goodwill of federal regulators. The nonexistent mandate also allows so-inclined state and local governments and companies to issue their own mandates, seemingly in lockstep with Washington.
The Biden White House has been well-served by presenting a nonexistent mandate as a done deal.
After the latest unconstitutional shenanigans of extending the CDC rent eviction moratorium, the President quickly moved on to tell a major part of the population “Our patience is wearing thin, and your refusal has cost all of us.”, adding that regardless of immunity status to Covid19, they would no longer be given a choice in the matter of bodily autonomy.
This applies to anyone working in any company with over 100 employees, which will face 700 K in fines, for violations. Also, the federal workforce, composed of an estimated 2.1 million civilian workers will have to submit to Biden’s mandate.
Biden has infringed on the meaning and specific language of the Constitution. If the president is allowed to go rogue on our constitutional liberties so recklessly, future presidents could further erode our freedoms and undermine the protections guaranteed to every citizen by the Constitution.
When confronted about the constitutionality of the mandate, his supporters have insisted that Biden has the authority to issue a national vaccine mandate under the vaguely written Occupational Safety and Health Act of 1970, which was designed to improve safety conditions in the workplace.
A federal statute, however, cannot be interpreted to justify an unconstitutional law since the Constitution is the supreme law of the federal government. Unless a legal scholar can cite a provision in the Constitution that enables the president with the authority to mandate vaccines or even to simply regulate public health generally, the Occupational Safety and Health Act of 1970 cannot be used to justify the mandate.
No such constitutional provision exists.
Jacobson, vs the Supreme Court, concluded that a local vaccine mandate is permissible under the Constitution because states have maintained their police powers and authority to regulate public health under the 10th Amendment, which guarantees, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” Yet, the decision in Jacobson does not include language indicating that the national government has the same authority. The case has nothing to do with federal vaccine mandates like the one imposed by Biden.
The Constitution does not contain anything suggesting that the executive branch can impose blanket vaccine regulations on private businesses or their employees.
The only question that remains is whether the Supreme Court will strike down Biden’s mandate. If the court declines to get involved, the public will suffer for generations, as one presidential administration after another corrodes our original, God-given liberties.
In 1935, the Supreme Court overturned five of Franklin Roosevelt's executive orders (6199, 6204, 6256, 6284, and 6855), within 2 years of his executive action.
Executive Order 12954, issued by President Bill Clinton in 1995, attempted to prevent the federal government from contracting with organizations that had strike-breakers on the payroll: a federal appeals court ruled that the order conflicted with the National Labor Relations Act and overturned the order.
In the case of the Eviction Moratorium, put in place in September 2020, 42 U.S.C. THE PUBLIC HEALTH AND WELFARE laws were used by the CDC and the Department of Health and Human Services (HHS). The order to stop rent evictions in the name of public safety was supposed to end in December of 2020, but it was extended legislatively through January 31, 2021, and extended again by CDC through March 31, 2021. On March 29, 2021, CDC further extended the moratorium until June 30, 2021. Biden then encouraged Congress to further extend the order of the health agency, though he himself conceded it was unconstitutional.
"This last-minute, unlawful eviction moratorium is another power grab by the White House for more command and control over the economy and our lives," tweeted Rep. Cathy McMorris Rodgers, R.-Wash. "No one wants to see people lose their homes but this moratorium will likely be struck down."
"The Biden admin is breaking the law by extending the eviction moratorium without congressional approval," said Rep. Paul Gosar, R-Ariz.
The U.S. Supreme Court struck down the Biden administration's order extending the federal eviction moratorium at the end of this summer, 2021.
The decision from the high court was 6-3, with the court's three liberal justices dissenting.
The court's majority said the CDC exceeded its authority with the temporary ban.
The preponderance of opinions said that the CDC for its order relied on "a decades-old statute that authorizes it to implement measures like fumigation and pest extermination."
Will we see the Supreme Court weigh in on Biden’s arbitrary Vaccine mandate, currently affecting 100 million people, more than two-thirds of the U.S. workforce?
Or will it be too late by then?
As the brave give up their hard-earned careers, stand up to mandates in court, and file moral or medical exemptions, we have to thank them for not simply giving in, but for fighting for our children, grandchildren, and their offspring.
We the people have a choice, to continue the legacy in the fields of the brave, proudly waving the flag we shall stand for, or give up, and become another postmodern-feudalistic story, where Despotism rules from above, with social credit systems, and relinquished power over one’s own body.
-Tamicam