With civic guidance and political leadership absent on the heels of multiple national crises, the entire country is now roiled in an era of massive civilian disobedience campaigns as thousands of American workers seek protection from President Biden’s flawed vaccine dictates.
(American Thinker) If you listen to Biden’s recent incoherent statement on vaccine mandates or you are an incurable aficionado of what used to be called mainstream media, you may think there is reason to believe that a formal Presidential Executive Order mandating national Covid vaccinations had been issued. As with many Democratic initiatives, the truth and reality of Biden’s September 9th announcement are frequently at odds.
There was no mention of an Executive Order despite the widespread public message that a mandatory national vaccination decree was being applied to American businesses and the non-vaccinated public. Leave it to the Democrats to exaggerate their authority as they retain utter control over the lives of Americans; not unlike committed authoritarian gangsters intent on mugging what remains of our Constitutional republic.
Soon after the alleged ‘mandate’ was announced, House Speaker Nancy Pelosi offered further proof of how little the Democrats care about the American people or its economy when she announced that enforcement of the ‘mandate’ was included in the $3.5 trillion “reconciliation’ bill with a serious infraction costing employers up to $70,000 per violation and up to $700,000 for repeat offenders who dare question vaccine mandates as Un-American.
However, a visit to the White House website on Executive Orders (Federal Register) reveals that the Biden Administration has not, to date, filed any such EO. It was reported that the object of the EO was to direct the Occupational Health and Safety Administration (OSHA) to issue a rule mandating vaccinations for employees in America’s top one hundred companies or submit to weekly tests or be fired.
In addition, there appears to be no such EO action at the White House Office of Management and Budget as well as no evidence of OSHA preparation of an in-the-works standard to apply to the aforementioned unvaccinated.
So, while there is great media fanfare as if there is a bona fide national mandatory mandate to take the jab, currently no such legal foundation exists for any American business to force that mandate on its employees – nor is there any foundation, at this point, for any State to initiate a legal challenge against the Federal government. In fact, there is simply no basis for a legal challenge to a mandated vaccination policy since the entire kerfuffle may be little more than a figment of Biden’s feeble brain and has never been adopted as a formal policy.
One possible explanation is that the actual issuance of an EO would have opened a writhing can of bogus worms which would negatively affect Biden’s sinking poll numbers. On the other hand, announcing a mandate without any actual executive order would provide American companies with the façade of a legal requirement while removing any possible legal action against The State. In other words, while employees may be forced to get the jab, the government would remain immune from charges of acting in an unconstitutional manner and from exposure to a legitimate legal Court challenge. Let’s say the State would put itself in a situation of having their cake and eat it too.
Let’s assume for the moment that the Biden EO had actually been promulgated. The issue is whether a hypothetical Executive Order to the Occupational Health and Safety Administration (OSHA) has the constitutional authority to issue a regulation to determine Covid as a ‘grave health concern” to the nation. A major hurdle to Biden’s agenda is that such an ill-conceived EO would sabotage the Supremacy Clause of the Constitution which clearly allows Federal statute precedence over State law. However, the Biden Administration in its euphoria of Building Back Better has failed to grasp that an EO would not be comparable to Federal legislation; and therefore, would lack sufficient force of authority to supersede a state ban on a Federal mandate. In addition, it can be expected that Red State Attorneys General will vigorously defend their states’ rights under the Tenth Amendment; Blue States not so much.
In other words, an EO is not on a par with Federal statute in that it does not carry the same legislative authority as a Congressional act. That has not stopped the Biden regime from thoughtlessly abusing its power by unnecessarily manipulating thousands of Americans into an emotionally stressful life and family crisis, fearful of a loss of employment and into a legally untenable situation; all under the guise of a deceptive legal mandate.
Surely, companies that have since announced their compliance with the mandate, such as 3M, Boeing, United, and Southwest Airlines must have legal counsel who advised them that the mandate is not a legal requirement and perhaps only the wishful thinking of a demented President. And yet, Southwest suffered massive turmoil the weekend before last, with thousands of cancellations and delays, and proved how little they care about their own employees when it opposed its own pilots who sought injunctive relief from faux mandatory vaccinations. To date, Walmart and JP Morgan Chase have not mandated vaccinations.
In direct response to Biden’s chimera, Florida had already stepped in to protect its citizens from an arbitrary Federal mandatory vaccination requirement as in direct response to Biden. Texas Governor Abbott issued his own Executive Order prohibiting a Federal vaccination mandate.
So here we are left with a fraudulent Democratic Administration who dare to skew public policy, claiming to have been overwhelmingly elected as if the American public supports their Marxist views. Nothing could be further from the truth. The resultant response to Biden’s mandatory vaccination announcement continues to fail as Americans in all walks of life join together and draw their line as they message Biden that he is not their President.
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This article was originally published on American Thinker.
Renee Parsons served on the ACLU’s Florida State Board of Directors and as president of the ACLU Treasure Coast Chapter. She has been an elected public official in Colorado, staff in the Office of the Colorado State Public Defender, an environmental lobbyist for Friends of the Earth and a staff member of the US House of Representatives in Washington DC. She can be found at [email protected].