..FAKE POTUS, FAKE MANDATE......................
Posted on 10/07/2021 7:10:10 AM PDT by Red Badger
Americans are no longer living under representative government. We are living under government by the screen people, of the screen people, for the screen people. Joy PullmannBy Joy Pullmann OCTOBER 7, 2021 Yes, we’ve heard all about Joe Biden’s alleged vaccine mandate for private companies employing 100 or more people. It was all over the news even before he announced it on September 9. His announcement has jeopardized the employment of millions of Americans and increased worker shortages in critical domains such as health care.
There’s only one problem. It’s all a mirage. Biden’s so-called vaccine mandate doesn’t exist — at least, not yet. So far, all we have is his press conference and other such made-for-media huff-puffing. No such rule even claiming to be legally binding has been issued yet.
That’s why nearly two dozen Republican attorneys general who have publicly voiced their opposition to the clearly unconstitutional and illegal mandate haven’t yet filed suit against it, the Office of the Indiana Attorney General confirmed for me. There is no mandate to haul into court. And that may be part of the plan.
According to several sources, so far it appears no such mandate has been sent to the White House’s Office of Information and Regulatory Affairs yet for approval. The White House, the Occupational Safety and Health Administration (OSHA), and the Department of Labor haven’t released any official guidance for the alleged mandate. There is no executive order. There’s nothing but press statements.
Despite what you may have been falsely led to believe by the media fantasy projection machine, press statements have exactly zero legal authority.
“There is nothing there yet that gives employers any mandate,” Stephanie McFarland, spokeswoman for the Indiana Occupational Safety and Health Administration, told me Oct. 6. “The president made an announcement on this asking OSHA to do it, but we’ve not yet seen anything come from it yet,” she also said. When the state agency gets any further information, she said, they’ll review it.
To impose the public perception of a mandate, the Biden administration is following an unusual rule-making process it also employed earlier this year, called an emergency temporary standard (ETS). The spring ETS rule took nearly six months to issue. Meanwhile, companies are telling reporters their vaccine mandates will have at the latest December deadlines. (For those who can’t calendar, that’s four months after Biden’s non-existent mandate was proclaimed. According to OSHA, an ETS takes up to six months to go into effect after the initial mandate is issued in the Federal Register — which, again, for the proclaimed 100-employee mandate hasn’t happened yet.)
Lawyers for big business were blunt about their love for this mandate mirage: “Everybody loves this cover,” Minneapolis employment lawyer Kate Bischoff told Bloomberg Law in September. “Many were already looking down the road at doing this, but the fact that they get to blame Biden is like manna from heaven.”
Using the ETS procedure instead of normal federal rule-making processes both allows the Biden administration to push its demands faster and without any public input or requirement of responding to public input, which is normally required of even legally laughable federal rule-making like this one would be. That is part of why ETS rules have been overwhelmingly overturned in courts.
“OSHA has used that legal authority only 10 times in 50 years,” David Rivkin Jr. and Robert Alt wrote in the Wall Street Journal in September. “Courts have decided challenges to six of those standards, nixing five and upholding only one.”
There are many other reasons any federal vaccine mandate would be obviously illegal and unconstitutional, Rivkin and Alt write, including that “The states have plenary police power to regulate health and safety. Congress has only those limited powers enumerated in the Constitution. That wouldn’t include the authority to impose a $155 fine (today’s equivalent of the $5 at stake in Jacobson) on an individual who declines to be vaccinated, much less to prevent him from earning a livelihood.”
But who needs the Constitution when you have an American people conditioned for compliance with even wildly outlandish things the screen people insist they must think and do?
Earlier this week, the Wall Street Journal published a letter from Bruce Atkinson making several excellent observations about the nonexistent mandate, including the following:
The mandate’s nonexistence shields the Biden administration from legal challenges that may ultimately restrict the Occupational Safety and Health Administration’s authority. Yet the mandate is still effective at compelling industries and companies into compliance, as it leaves room for any eventual issuance to target noncompliant entities. This implied cudgel is particularly effective on industries and companies that are dependent on federal spending or the goodwill of federal regulators. The nonexistent mandate also allows so-inclined state and local governments and companies to issue their own mandates, seemingly in lockstep with Washington.
The Biden White House has been well-served by presenting a nonexistent mandate as a done deal.
Now, let me see, what presidential administration does all this remind you of? Why, that of Mr. “Pen and Phone” himself, Barack Obama.
His also wildly unconstitutional Deferred Action for Child Arrivals was simply a two-page memo, for example, but it is still allowing some 616,000 people to simply ignore major U.S. laws, and could easily be reinstated by courts as litigation continues nearly a decade later. It seems that, given such unchecked gains from openly lawless actions Democrats have turned into standard operating procedure over the years, Joe Biden feels free to reduce that constitutional contempt to simply a phone now.
What this “government by press release” also allows is for Republicans like Indiana Gov. Eric Holcomb to complain about Biden’s tyranny while using zip, nada, zilch of their elected authority to stop it. Holcomb has used the same executive rule-by-decree throughout the lockdown era without effective restraint by a supermajority-Republican state legislature, even telling the press churches were required to deliver Christ’s Body and Blood his way while quietly keeping that part out of his executive orders, surely because government dictating religious exercise is obviously unconstitutional and would quickly have generated lawsuits.
All this allows weak Republicans and evil Democrats to shadowbox each other for the cameras while ordinary Americans suffer under their abdicated leadership. By the time Republican attorneys general get around to filing lawsuits over any eventually issued legal documents that fulfill Biden’s promises, the vast majority of people not wanting government to force them into medical procedures will likely be unemployed, forcibly injected with treatments that have almost no track record, forced from their education paths, provided with fake documents like these citizens are beneath COVID-rule-exempt illegal aliens, and all the rest.
This is how weak Republicans keep letting Democrats go right on gleefully disemboweling our rights just like they have nearly 50 million of the American unborn. Gee, thanks, “public servants.” Tell me another one about how you love American liberties and the Bill of Rights. I’ll believe that when I see you sacrificing anything substantial to fight for them.
What Democrats are doing as Republicans stand down yet again is a moral and constitutional abomination. Not even the fig-leaf pose of a pen signing balderdash-filled documents is needed for today’s Democrats. Whatever they say, you do. You have no rights or say in the matter, no possibility for objecting to even them forcibly injecting things into your own body and the bodies of your children.
These people believe they are royalty, and too many Americans are acting like they’re these losers’ serfs instead of citizens endowed by God with inalienable rights, including the right to consent — through elected representatives, not never-elected dictatorial bureaucrats — to rules that restrict our rights, everyday lives, and human dignity.
Joy Pullmann is executive editor of The Federalist, a happy wife, and the mother of six children. Her newest ebook is a design-your-own summer camp kit, and her bestselling ebook is "Classic Books for Young Children." Sign up here to get early access to her next full-length book, "How To Control The Internet So It Doesn’t Control You." A Hillsdale College honors graduate, @JoyPullmann is also the author of "The Education Invasion: How Common Core Fights Parents for Control of American Kids," from Encounter Books.
..FAKE POTUS, FAKE MANDATE......................
If we lived under Rule of Law, then laws (actual laws that really existed) would matter.
But we now live under Rule of Men, and if they want people to do something, then people are just expected to obey the latest word from on high.
Of course, actual enforcement can be tricky. The government wants to avoid the situation from early in the 19th century when President Andrew Jackson said, “John Marshall has made his decision; now let him enforce it.” That makes for an awkward situation where a potential lack of power can be seen by the public.
So, our government has persuaded Companies to do all the dirty work. Don’t need a law. Don’t need an EO. Just apply a lot of leverage and see how far you can push it. That’s the best way to enact Rule of Men. It’s Big Business working the will of Big Government. It’s fascism.
This is illegal as hell. It is rule-making in avoidance of the Administrative Procedures Act. If Biden wants to make a rule he has to follow the Act. If he doesn't and it has any intended impact on anyone they can sue because it is a rule just one not made lawfully.
Companies don’t do all the work.
I have an official COVID-19 Vaccination Record Card to prove it.
The federal government will punish you severely if you make a fraudulent card.
Until all the big go~along~to~get~along liberal companies formally enact this policy then get sued by Joe and Jill Public for illegalities and the Biden administration just shrugs its shoulders at the mess. Typical democrat move.
Few understand this.
People I work with at the hospital, generally smart, think its the law. In a conversation I told them all it was, for now, was a TV speech, and that pedo Joe has zero authority to do this, and that osha hasn’t even made the “rule” anyway. They just stared at me lol.
“rule” means the whole or a part of an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy or describing the organization, procedure, or practice requirements of an agency and includes the approval or prescription for the future of rates, wages, corporate or financial structures or reorganizations thereof, prices, facilities, appliances, services or allowances therefor or of valuations, costs, or accounting, or practices bearing on any of the foregoing;
Yep, just a CON JOB.
Liberals are setting up a system can be used by any thug/commie/fascist in power.
If the mandate’s NOT the law - and exist by bullying - then a future President could tell companies to fire people who don’t go to church once a week. Same high-handed thuggery... different ‘rules’...
How would ‘liberals’ feel about that level of power on someone else’s side? Muslim cultures use that one... commies have one ‘law’ for their people and a totally different one for their ‘elites’.
*** What this “government by press release” also allows is for Republicans like Indiana Gov. Eric Holcomb to complain about Biden’s tyranny while using zip, nada, zilch of their elected authority to stop it. Holcomb has used the same executive rule-by-decree throughout the lockdown era without effective restraint by a supermajority-Republican state legislature, even telling the press churches were required to deliver Christ’s Body and Blood his way while quietly keeping that part out of his executive orders, surely because government dictating religious exercise is obviously unconstitutional and would quickly have generated lawsuits.***
I’m glad the author mentioned my lame governor, Eric Holcomb. He’s a jerk. Though I’m glad he finally let our mask mandate stop in April and so far hasn’t reinstated it. Most Hoosiers I see want nothing to do with those damn face diapers any more.
And all the major corporations in the USA (as well as the many multi-nationals operating here with HQ outside the USA) are going to tell Biden to pound sand, “we ain’t complying”? Not a chance in hell. They are all falling over themselves to fall in line and comply with the non-rule rule.
As ClearCase_guy wrote above, “It’s Big Business working the will of Big Government. It’s fascism.”
And be ready. When it suits them, it’s going to be, “What mandate?”
The TV is going to condescendingly scold Americans for Joe just “expressing his feelings”, and people taking things the wrong way.
Companies will be praised for their misguided efforts and promised immunity from legal responsibility by Joe’s government. It will be explained that they were just acceding to demands from a frightened public.
This whole thing has a non-existent paper trail, and the people taking these “vaccines” will be left holding the bag.
It’s all a big game of ‘Simon Says’..................
He’s clever. He didn’t issue the decree, so no one can fight it. The dems and the media made it happen by assuming it had happened. It’s in effect even though it never happened.
I think even the psychos who are pulling Joe’s puppet strings recognize the shaky legal ground the OSHA plan was on.
The primary purpose of the “mandate” was to get woke corporations to go ahead and issue their own mandates.
I think something eventually will come down from OSHA, but Joe’s puppet masters are happy to let the woke corporations do the heavy lifting in the meantime.
Long gone are the days where “big business” opposed Democrats (if that was ever the case.)
The corporate class is a fundamental part of the modern Democrat base.
The problem is, if the government did mandate it, the employers would probably be shielded from liability. Since the government has not mandated it, then the employers bear full legal liability for their inserting themselves into employee healthcare decisions. Side effect from the vaccine? Sue your employer. Get sick from COVID anyway despite the vaccine? Sue your employer. Heck, someone at work sneezes on you, sue em!
bump
The federal government will punish you severely if you make a fraudulent card.
Yes, it IS fascism, textbook definition.
So, where are all the “anti-fascists”?
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.