Posted on 09/10/2021 12:09:10 PM PDT by 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.
(Excerpt) Read more at reason.com ...
States rights? Not sure how this bolsters the claim for a federal mandate. I imagine the states suing Biden will being this up in their own argument.
Where does he have the authority to be in the oval office... he has none.
Never seen anything like it before. ..
The dems can declare him President...the media comply.. and the assumption sets in.
This is a coup from inside.. no authority given... all authority taken.. the edicts are coming out.. what is going to stop this !
Top. Kek.
Other posters have pointed to Facebook surveys or similar, in deep-blue areas like Connecticut, showing that even Dems are against Biden by 95% on the mandates.
Nice try.
Yeah, very well could be.
=
It will be interesting which states and how they fight Biden’s vaccine mandate. The Supreme Court ruling might discourage them.
I also think they're trying to provoke a violent blacklash, upon which more liberty can be crushed.
Not taking the bait.
That’s exactly where the authority for OSHA flows from. At least that’s the excuse.
So, we’ve had over 80 years of commerce clause overreach, and the Democrat party keeps finding ways to make it even more outrageous than the year before. And the Republicans have been just as ineffective for 80 years.
I agree this provides cover to the big corporations. It doesnâÂÂt matter what happens in the courts. My employer just put out a hard mandate today.
I agree with you, but we must organize and provide a massive
push back.
The other side is taking over.
With our party becoming Communist lite, we really don’t have
a national advocacy group.
Commie LITE, LOL, LOL, I call this FULL ON commie!!!
Yeah, either way we just don’t have representation.
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