Biden Knows His Vax Mandates Are Unconstitutional

"The president knows that an executive order mandating COVID vaccination would be shot down instantly, so he’s trying to camouflage it in a maze of Labor Department regulation"

Clearly, President Joe Biden is not chastened by the Supreme Court smackdown he got just a couple of weeks ago, when the justices invalidated the eviction moratorium that even administration officials acknowledge was patently lawless right before Biden reissued it.

Quite the opposite.

The administration is similarly well aware that the national vaccine mandate that the president is poised to issue is unlawful. White House Chief of Staff Ron Klain made the obvious explicit by retweeting a progressive commentator’s observation that the ploy of imposing the vaccine requirement as a workplace-safety rule under OSHA (the Occupational Safety and Health Administration) is the “ultimate work-around.”

Translation: The president knows that an executive order mandating COVID vaccination would be shot down instantly, so he’s trying to camouflage it in a maze of Labor Department regulation.

Even on that score, the gambit cannot be justified. OSHA is trying to evade the Administrative Procedure Act’s requirement of a regulatory commentary period by slamming the vaccine dictate through as an “Emergency Testing Standard.”

It has been nearly 40 years since OSHA tried that trick . . . mainly because the courts struck it down, on an asbestos regulation, in 1983.

In a sensible world, where the originalist interpretation of the Constitution governed, Biden’s move would be patently unconstitutional. Congress has no overarching public-health authority.

OSHA relies for its regulations on Congress’ power under the commerce clause. But a vaccine isn’t even commerce, let alone interstate commerce.

In our federalist system as originally designed, the states were to be sovereign in governing their internal affairs. In that tradition, it is the states, not the federal government, that have imposed vaccination requirements, particularly in schools.

Unfortunately, the Supreme Court has made a hash of commerce clause jurisprudence. Particularly during and after the New Deal, it permitted federal regulation of intrastate matters on extremely dubious rationales.

As a result, federal mandate cases tend to come down to two related questions: Is the federal government trying to exercise power in a traditional state-law domain; and, if so, has Congress given the federal agency precise, unambiguous authority to take the action in question?

That is why the Biden administration went down in flames on the eviction moratorium. The Supreme Court reasoned that landlord-tenant relations were intrastate in nature and had always been subject to state-law regulation. The court did not grapple with the underlying commerce clause question of whether any component of the federal government, including Congress, had the power to order a delay of rental payments. But it explained that even if we assume Congress has such power, it must make its directives clear.

Congress had not done that. Instead, the Biden administration (through the Centers for Disease Control and Prevention) attempted to mine its authority out of an extravagant and distorted construction of the applicable federal statutes.

The same situation will obtain with the vaccine mandate. Indeed, if Congress had authorized OSHA to issue such a regulation, OSHA would not be scheming to dodge administrative-procedure requirements. The president and his administration know they are in the wrong.

Sadly, we are sure to see more instances of overreach. At this point, Biden is not so much trying to impose his will as to use — or better, abuse — the levers of executive power in a way that assures progressives that he is on their side. For this president, his sworn duty to execute the laws faithfully is beside the point.

Andrew C. McCarthy is a former federal prosecutor

Source: New York Post

  1. ken says

    No kidding.

    And there is nothing in the US constitution that states the court HAS TO WAIT for a filing before a determination when a egregious action has been taken by another branch of government that is unconstitutional and imposes an immediate danger to life and property.

    Actually Roe vs Wade better pertains to this injection than the right to kill another person in the womb. A sharp lawyer (do they exist?) might use this.

    The governments of the world are completely out of control and are abusing their powers in murderous ways requiring the injection of a vaccine that has killed tens of thousands leaves no doubt their intent is not safety or lawful.

    It is clear that in the US all three branches are in deadly collusion with each other and have gone rogue by their action and/or inaction, The Declaration,,, the parent of the constitution,,, is clear that governments should be done away with when said governments becomes a danger to freedom, property and the lives of the citizens.

    Thus rogue governments should be dissolved and new and hopefully better ones put in place. One that respects God given natural rights of individuals and private property. Present government leaders, agencies, and employees need arrested and tried for treason to the constitution, the people, and genocidal intent.

    Of course governments will not go into the night voluntarily. They are now a living, breathing entity that will kill millions to secure their existence. Usually the military and police filled with traitors to the constitution they took an oath to defend, so help them God, will defend the despots to the end.

    But the these governments are condemning the military and police to the same unlawful edicts (the jab) they have conferred upon the citizens throwing them all under the bus apparently per the wishes of some higher cabal they now represent. This is not a very smart move.

    In short,,, governments have become a danger to humanity’s existence and the situation needs immediate attention.

    1. Art says

      Interesting point regarding Roe V Wade. Are you suggesting that the right of a woman to chose abortion is protected as a right of privacy and thus would protect those who against any procedure including an injection? HIPAA also provides legal/legislative health protection of privacy.

  2. Steve Kastl says

    Kalinin is another duel citizen Israeli killing Americans with the deadly criminal mRNA vaccine. Get these Israeli monsters out of our government. Jail them all.

    1. Eileen Kuch says

      Steve Kastl, I second the motion .. Yes, get these Israeli monsters out of our government; they don’t belong there. Imprison them all.

  3. NGg says

    Idiot in the WH

  4. Ra-Horkhute says

    You mean, Biden may actually know SOMETHING? I doubt it. He’s a horse with blinders on doing what he’s told. Doesn’t take much knowledge in that.

  5. TheGoyimKnow says

    This picture explains everything that has been going on since 20 Jan

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