by Techno Fog
On September 9, President Biden announced he would circumvent the democratic process, ordering the Secretary of the Department of Labor to require employers with over 100 workers to “ensure their workforces are fully vaccinated or show a negative test at least once a week.”
This was essential, as Biden said, “to protect vaccinated workers from unvaccinated workers.”
As we have explained, the Secretary of Labor will issue these regulations through OSHA by way of an Emergency Temporary Standard (ETS). The ETS would allow the Secretary of Labor to issue the vaccine mandate without the normal administrative rulemaking requirements (like notice and public comment periods).
While the Biden Administration tells the public that there’s no time to waste in issuing the mandate, the truth is that OSHA/Labor failed to argue the necessity of a vaccine mandate since the vaccines have been available – a time period approaching one year. Moreover, the Biden Department of Labor is secretly meeting with the US Chamber of Commerce and business lobbyists to gather support for the mandate. As Bloomberg Law reports:
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.
Why the Vaccine Mandate is Unconstitutional
As you can imagine, the constitutionality of the vaccine mandate will be a litigated as soon as OSHA issues the rules. The media is running interference, telling the public that challenges to the mandate are “unlikely to succeed.”
Do not believe them.
The legality of the vaccine mandate will be assessed under what is called the major rules doctrine (also known as the major questions doctrine). Under this doctrine, the courts look to (1) whether the agency action is a major rule; and (2) whether Congress has clearly authorized the agency action.
As Justice Scalia stated in 2014, “We expect congress to speak clearly if it wishes to assign to an agency decisions of vast ‘economic and political significance.’”
From here we turn to the first question of the major rules doctrine: there is zero doubt that it is a major rule. It would affect the healthcare decision – and implicate the personal autonomy – of “some 80 million private sector workers.” It is an action never before taken by OSHA, the Department of Labor, and any other federal agency. It would affect the entire US economy.
In support of my position, we have seen lesser invasive agency rules be determined to be major rules. For example, “rate-regulations” of telephone companies has been held to be a major rule. MCI Telecommunications Corp. v. American Telephone & Telegraph Co., 512 U.S. 218 (1994).
From there we get to the second question: whether Congress has clearly authorized the Department of Labor/OSHA to mandate vaccines. The answer is no.
If Congress clearly authorized (not just authorized, but clearly authorized) Labor/OSHA to mandate vaccines, then we would have seen such authority in the OSH Act of 1970. Look for yourself – the language isn’t there. Instead, there are general grants of authority to “set mandatory occupational safety and health standards.”
Looking to the history of OSHA, this authority has been understood to regulate employer actions to provide a safe workplace (Benzene limits) or employee actions at work (operation of heavy equipment). The OSH Act has never been understood historically to include mandatory vaccinations. This is significant because the Supreme Court recently looked to agency history to determine the CDC lacked the authority to issue its latest eviction mandate.
For an example of “clear authority” relating to public health, look to the authority Congress gave HHS the authority to take action in case of “significant outbreaks of infectious diseases.” Going further, to allow the mandate would be to allow OSHA to require vaccination as a condition of employment. The OSH Act contains no such language or authority.
So there we have it. This is a “major rule” and Congress has not “clearly authorized” Labor/OSHA to issue a vaccine mandate. Expect further challenges on whether the ETS itself (and the finding of “grave danger”) is legal.
WHAT???
If vaccines work, vaccinated workers don’t need any MORE protection from unvaccinated workers.
If vaccines do NOT work, why force ANYONE to take them?
joey and the three stooges: bliken, austin and miley, screwed up a previously, highly developed exit plan from Afghanistan. recall that the saudi’s were responsible for Afghan military communication which they cut two week prior to the move on Kabul. Yes, they cut all communications via stellate. Left the afghan army to die. special op. from the ccp were and continue to play a major part of the taliban movement. the taliban is not that bright 90% are illiterate.
The vax is all smoke and mirrors-typical demorat tactic.
Recall when whore dog billy initiated Operation Deseret Fox? it was a ploy to cover up a two year sexual affair with monica. Whore dog billy used the oral office on the evening of the attack to showcase an Arleigh Burke-class destroyer launching Tomahawk cruise missiles. this fax and failed operation was to demean suddam’s “alleged ability” to produce weapons of mass destruction. America bought this propaganda ” hook line and sinker”.
monica is waiting in the wings to give billy his daily BJ, while he was finishing the VP’s daughter on the sofa.
Rights, freedoms and the Constitution are of little interest to Democrats.
Since when did the Democ-rats even abide by the U.S. Constitution except when it came to the 25th Amendment against Trump last year this is plain old act of Treason by the Democrats/Globalists the UN and the CFR
The 4 Biggest Problems with Biden’s Vaccine Order
As a retired attorney who spent many years debating/fighting governmental actions that were not based in law and/or fact, I strongly agree with your cogent analysis.
You are now an enemy of woke greg. Woke greg is the resident biden apparatchik.
I send a comment but it was meant of the dipsh1t, woke greg, not you. ope my use of the internet didn’t suggest otherwise.
How deep is your denial? 1 in every 500 US residents have died of Covid-19
“As of Tuesday night, 663,913 people in the US have died of Covid-19, according to Johns Hopkins University data. According to the US Census Bureau, the US population as of April 2020 was 331.4 million.”
https://www.cnn.com/2021/09/15/health/us-coronavirus-wednesday/index.html
Your stats are biased and skewed based upon Libtard requirements. Maybe you should take up another line of work….such as shoveling libtard sh*t out of the stalls of a cattle farm. Real work might make you see that you haven’t yet become a real man.
Joe crew sock… Which imaginary law school did you attend?
Greggie. But that you could even get accepted into a Libturd law school, much less graduate. Stick to sniffing Demotard butts…that is all you see qualified to do.
Cases and deaths are exaggerated to give useful idiots like yourself something to bitch about.
Take a close look at your posts. All you do is bitch. There’s nothing but negativity on the right.
I blame Benedict biden
I legitimately point out how failed and disastrous your ideology is. All you do is whine and bitch when you don’t get your way.
Lies
HUGE: Uttar Pradesh, India Announces State Is COVID-19 Free Proving the Effectiveness of “Deworming Drug” IVERMECTIN
Dr. Ryan Cole — FDA officials are quitting…
https://citizenfreepress.com/breaking/dr-ryan-cole-with-steve-bannon/
Dear CNN — The Vaccinated are the superspreaders… Data shows ‘high-viral’ load…
Benedict biden has it assbackwards. He says he must protect the vaccinated from the unvaccinated. It seems as though the unvaccinated are at risk from the vaccinated since it is established science the vaccines do not work against the newer variants.
95 percent of those hospitalized with COVID and dying of COVID are those who refused vaccinations.
A breakdown.
https://www.kff.org/coronavirus-covid-19/issue-brief/latest-data-on-covid-19-vaccinations-race-ethnicity/
Where did you get that? Inside the a box of cracker jacks?
Joe Biden the Killer: He Abandoned Americans in Afghanistan, Turned His Back on Our US Allies, Was Responsible for Slaughter of 13 Servicemen and Women, and Now He’s Willfully Killing Texans and Floridians
Sept 16, 2021 COVID-19 Surge Forces Health Care Rationing in Parts of West
In another ominous sign about the spread of the delta variant, Idaho public health leaders expanded health care rationing statewide and individual hospital systems in Alaska and Montana have enacted similar crisis standards.
BOISE, Idaho (AP) — In another ominous sign about the spread of the delta variant, Idaho public health leaders on Thursday expanded health care rationing statewide and individual hospital systems in Alaska and Montana have enacted similar crisis standards amid a spike in the number of unvaccinated COVID-19 patients requiring hospitalization.
The decisions marked an escalation of the pandemic in several Western states struggling to convince skeptical people to get vaccinated.
The Idaho Department of Health and Welfare made the announcement after St. Luke’s Health System, Idaho’s largest hospital network, asked state health leaders to allow “crisis standards of care” because the increase in COVID-19 patients has exhausted the state’s medical resources.
Idaho is one of the least vaccinated U.S. states, with only about 40% of its residents fully vaccinated against COVID-19.
Crisis care standards mean that scarce resources such as ICU beds will be allotted to the patients most likely to survive. Other patients will be treated with less effective methods or, in dire cases, given pain relief and other palliative care.
A hospital in Helena, Montana, was also forced to implement crisis standards of care amid a surge in COVID-19 patients. Critical care resources are at maximum capacity at St. Peter’s Health hospital, officials said Thursday.
And earlier this week Providence Alaska Medical Center, Alaska’s largest hospital, also started prioritizing resources.
Thursday’s move in Idaho came a week after state officials started allowing health care rationing at hospitals in northern parts of the state.
“The situation is dire — we don’t have enough resources to adequately treat the patients in our hospitals, whether you are there for COVID-19 or a heart attack or because of a car accident,” Idaho Department of Welfare Director Dave Jeppesen said in statement.
He urged people to get vaccinated and wear masks indoors and in crowded outdoor settings.“Our hospitals and health care systems need our help,” Jeppesen said.
In Idaho’s St. Luke’s Health System, patients are being ventilated by hand — with a nurse or doctor squeezing a bag — for up to hours at a time while hospital officials work to find a bed with a mechanical ventilator, said chief medical officer Dr. Jim Souza.
Others are being treated with high-flow oxygen in rooms without monitoring systems, which means a doctor or nurse might not hear an alarm if the patient has a medical emergency, he said. Some patients are being treated for sepsis — a life-threatening infection — in emergency department waiting rooms.
The normal standards of care act as a net that allows physicians to “carry out the high wire acts that we do every day, like open heart surgery and bone marrow transplants and neuro-interventional stroke care,” Souza said. “The net is gone, and people will fall from the high wire.”
…
https://www.usnews.com/news/health-news/articles/2021-09-16/idaho-rations-health-care-statewide-as-covid-surge-continues
What is your piece of skit president going to do about the out of control southern border?
Got any clever suggestions, or are you only going to continue yapping hysterically about Biden like a crazy old woman? The same damn thing would be happening if we were still cursed with Trump.
bidens monthly border crossings are off the charts. President Trump had the illegal alien problem contained. Your piece of shit president has opened the floodgates.
Do try to keep up
Trump contained nothing. He TOLD you he contained illegal migration, North Korea, Iran, Russia, ISIS, COVID-19, and put China in its place. Reality says otherwise. The migrant caravans STARTED during the first year of the Trump presidency. So did domestic civil unrest. He also ran the national debt up faster over 4 years than any other president in modern history.
Boy you sure know the leftist propaganda. That is what happens when you live life under a rock.
That’s REALITY, Bub. Unpleasant facts aren’t altered by ANYONE’S propaganda.
You somehow seem to forget that the ‘migrant caravans’ BEGAN on Trump’s watch in 2017 and never ceased.
Tell us what President Trump did…
You somehow seem to forget that President Trump instituted a stay in Mexico policy that your piece of shit president curtailed. Also, the Mexican government placed 27k federales at their southern border to stop the caravans.
Of course you would not know that watching only marxist news outlets
Hmmm, wonder why N Korea has decided to resume logging rockets towed Japan
Resume? They NEVER STOPPED their missile or nuclear programs.
You seem to forget the invasion caravans were organized by Democrats and stopped at our border by Trump. Idiot Biden just lets them in.
Yeah, put Trump in charge.
Debunked
That idiot Biden is doing a bang-up job “shutting down the virus”, aint he?
Just In: FDA Panel Rejects Pfizer Booster Shot for Ages 16-65 Over Increased Risk of Heart Inflammation
Ordinarily the FDA does listen to advisory panels, but they blew them off with the “Comirnaty” approval, citing that it “wasn’t controversial”, if you can believe that. They can ignore these people and approve boosters all day long as the behest of Dear Leader Joseph Stolen if they wish to do so.
Making such reckless decisions does, however, make them criminally liable, especially since they’ve been misinforming the public about the injections since inception, which is a gross violation of law. They couldn’t even legally state “safe and effective” until they approve something, and even then it actually has to be safe and effective. It’s no wonder a couple of their top vaccine guys fled the FDA and are now railing against any idea of boosters, citing major health risks.
This is a huge defeat for the biden regime. Forced vaccinations without follow-up booster shots make the initial vaccine pointless.
And, now with it known that vaccinated people are the drivers of escape mutants, delta, mu, lambda etc., a logical response would be to discontinue vaccinations. Fuhrer fauci most butthurt…
BREAKING: Leaked audio reveals DOJ official questioning sincerity of Americans’ religious exemptions to COVID vaccine
The Unconstitutional Federal Vaccine Mandate