Where Does Biden Get the Authority To Mandate Vaccination? Emergency OSHA rules are frequently struck down by courts.

Reason ^ | September 10, 2021 | Walter Olson

[karpov]

President Joe Biden decreed on Thursday that private companies with more than 100 workers would have to make it a condition of employment for them to get vaccinated—either that, or take weekly tests for the virus. You may wonder: On what authority can Biden order this?

The White House is relying on the regulatory authority of the Labor Department's Occupational Safety and Health Administration (OSHA), an agency dating back to 1971, and in particular its seldom-used emergency powers. Some backers of Biden's action seem to think waving in OSHA's general direction, together with citing COVID-19's high death toll, is all the answer needed to questions about legality.

But it isn't. Courts have frequently struck down OSHA actions, especially when the agency has tried to issue the type of peremptory decree it calls an emergency temporary standard (ETS).

A word is in order about the two ways OSHA adopts rules. The standard, accepted way is to put them through the process known as "notice and comment," building a record that it is hoped will result in more rational standards and, whether or not it does that, prepares the way for judicial review by, for example, putting the agency on the record against major objections as to its rationale for the rule.

The emergency process bypasses these protections for the regulated and for judicial review as a check. True, the process as foreseen is one in which OSHA is supposed to start developing a rule the regular way, which would at some point catch it up with the need to base its rules on a reasoned public justification. But that comes afterward. In the meantime it can use the excuse of emergency to regulate first and explain later.

[smvoice]

It’s much easier to give a country to the NWO if it’s citizens have been drummed to exhaustion from continual harassments, threats and flaunting of demented ideas.

[DEPcom]

“Biden’s handlers may have wanted to misdirect folks as they
quietly did many other things with more dire consequences.”

Yes, this is all about Afghanistan. A lot of Xiden supporters were upset about Afghanistan pull out.

Their anger been redirect with one speech. Expect Xiden poll numbers to rise soon.

[Mygirlsmom]

That is Canada

[cgbg]

I would bet a lot of OSHA inspectors are gonna be bailing—retirement, transfer to other agencies, whatever—it is gonna get ugly out there...

[Jonty30]

I did a search and the CDC claims the commerce clause gives this authority.

Which is absolute and utter bs.

[WildHighlander57]

Harpotoo wrote:

“LOL, who is checking?-)”

All defense contractors check for proof of US citizenship before hiring someone.

I know; I worked in the industry for 42 years.

[janetjanet998]

Florida Gov. DeSantis on Biden Vaccine Mandate

Florida Gov. DeSantis says Biden’s vaccine mandates are “not based on science” and “will ultimately lose in court
https://rumble.com/vmbz2l-florida-gov.-desantis-on-biden-vaccine-mandate-9-20-21.html

[Pollard]

Might be some confrontation too. I’m sure there are plenty of conservatives running businesses with 100 or more employees. If the OSHA enforcer shows up they might not get much of a welcome. I suppose they’ll expect the employers to keep jab records of all employees.

I think it’s mostly going to be an issue of non-compliance. I’m sure it’s being talked about at every company today with lots of employees saying hell no and the employers will hear those people. If there’s a chance of losing 30% of their workforce, they just won’t comply with fedgov and deal with it when/if OSHA comes knocking. With 2,400 inspectors, wikipedia says it would take 129 years to check every business.

[mass55th]

Years ago, when I was working for New York State, I had been out on Workman's Comp, and had been cleared to return to full duty by my doctor. The Deputy Superintendent for Administration (an appointed position), decided she would refuse to let me go back full duty, and never bothered to explain why, other than the fact that she was a bitch. She ordered me to use my own sick time as well. She eventually allowed me to go back to work full duty, but I had already filed a grievance with the Union. My primary claim was that she wasn't a doctor, and had no authority to assess my physical condition as to when I could, or couldn't return to work. I asked for reimbursement of the time I was forced to use. The case eventually went to the Labor Relations Board, and the Judge found in my favor. I didn't get the sick days back, but I did get reimbursed the money equivalent to the number of sick days I was forced to use. As in that case, Joe Biden doesn't have the legal or medical authority to assess anyone's medical condition, let alone order any type of medical procedure on anyone in this country.

Back in 1980 when I took the job with NY State Corrections, the officers were required to dispense psychotropic drugs each night while we went down the prison galleries to do the evening count. These were drugs like Lithium, Haldal, Sinequan, etc. They were in liquid form, and we dispensed them via eyedropper. That went on for at least 2 years while I was there. The Union filed a grievance about it, stating that because we weren't medical professionals, the State had no business ordering us to dispense drugs to anyone. The procedure was stopped, and the State had to hire more medical staff to take care of the dispensing of drugs 24 hours a day.

[Pollard]

According to a[2011] report by AFL–CIO, it would take OSHA 129 years to inspect all workplaces under its jurisdiction.

https://en.wikipedia.org/wiki/Occupational_Safety_and_Health_Administration#Enforcement

Need to spread that around on every social media platform and to any business owners you know. Granted, that's for a complete plant or jobsite inspection. As you say, OSHA inspectors who feel this is not their job or simply disagree with the mandate might bail/retire.

[jonrick46]

In 1905, the Supreme Court heard the case of Jacobson vs Commonwealth of Massachusetts. The case surrounded a Massachusetts law that allowed cities to impose smallpox vaccine mandates. Jacobson sued after being fined for breaking the law. The Court, in a 7-2 decision, said the Massachusetts law was Constitutional and added it “is within the police power of a State to enact a compulsory vaccination law” and for the legislature to determine if vaccination is the best mode to prevent smallpox “and the protection of the public health.” The Court later said in Zucht vs. King, 1922, that the Jacobson case and others had settled the question of whether a state, consistent with the U.S. Constitution, may “delegate to a municipality authority to determine under what conditions health regulations shall become operative.” The most recent case coming before the Supreme Court on vaccine mandates was on August 12. Justice Amy Coney Barret declined a request from eight students at Indiana University who sued over the school’s policy that students must be vaccinated. Justice Barrett turned down the request for emergency relief without comment and did so without referring the matter to the full court. The students lost at every level of court in their push to overturn IU’s mandate. One of the appeals court judges relied on the decision in Jacobson in his opinion, according to the New York Times.

[mass55th]

..."but every single American that got the smallpox vaccine in the 19th century is now dead."

I would think so since that was in the 1800's.

[cgbg]

Excellent post—I think you are on the right track—There are a lot of issues to be litigated here.

[jonrick46]

Great satire!

[cgbg]

That case was about a legislative requirement.

Congress has not acted on this...

[Toespi]

Peter Doocy of Fox News just asked Psaki a question during the press briefing. THE EXCHANGE WAS STUNNING.

He asked “Why is it that you are trying to require anybody with a job or anybody who goes to school to get the COVID-19 vaccine but you aren’t requiring that of migrants walking across the southern border into the country”

Psaki: Well, look our objective is to get as many people vaccinated across the country as humanly possible. So the Presidents announcement yesterday was to empower businesses and those able to protect their work forces. That’s what we did, but certainly we want everybody to get vaccinated whether they are migrants or workers.

Doocy: Well it’s a requirement for people at a business with more than a hundred people. It’s not a requirement for migrants crossing the southern border, why?

Psaki: THAT’S Correct. (She then moved to another question)

[jonrick46]

Executive order trumps legislation. Executive agreements do NOT require senate consent. Didn’t you know?

[4Liberty]

[cgbg]

and, don’t forget this is a national emergency—and a crisis!

Same logic Adolph used for the final solution.

[Meah]

Also seems they sided with it being a states rights issue. Not federal. I would imagine the states suing might bring this case up. Doesn’t seem like it would benefit Biden.