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Pentagon takes on Texas over vaccine mandates
Hot Air ^ | Oct 15, 2021 | Jazz Shaw

Posted on 10/16/2021 6:45:42 AM PDT by Texas Fossil

All of the federal contractors in the state of Texas (and there are a lot of them) are about to find themselves in a difficult position. Governor Greg Abbott has issued an executive order forbidding any companies from instituting vaccine mandates. But as of yesterday, the Pentagon has informed all of its contractors in the Lone Star State that they must comply with Joe Biden’s federal vaccine mandate. The federal mandate doesn’t take effect until December 8, so there is still some time for negotiations or court appeals, but that may not matter. The statement from the Pentagon was phrased in a very absolute manner, invoking federal supremacy and suggesting that any companies following the Texas order and failing to mandate vaccinations may lose their contracts, effectively shutting them down.

Defense contractors and their employees in Texas must get the COVID-19 vaccine despite the governor’s executive order banning vaccine mandates, the Pentagon said Thursday.

The Pentagon, in a statement Thursday, said that federal guidance supersedes local laws, like the executive order issued by Texas Gov. Greg Abbott on Monday. It pointed to federal guidance issued in September.

“These requirements are promulgated pursuant to Federal law and supersede any contrary State or local law or ordinance,” the federal guidance states. “Additionally, nothing in the Task Force Guidance shall excuse noncompliance with any applicable State law or municipal ordinance establishing more protective workplace safety protocols than those established under the Task Force Guidance.”

(Excerpt) Read more at hotair.com ...


TOPICS: Crime/Corruption; Government; News/Current Events; Politics/Elections; US: Texas
KEYWORDS: 666; anthonyfauci; covidstooges; endtimes; mandate; obamacare; pentagon; texas; va666ine; vaccine; vaccinemandates; vaxholes
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Where does the Constitution allow Xi-O'Biden to mandate an unproven and Emergency USE Only drug?

There is no Federal Law giving Slo Joe the authority to mandate such medical treatment.

Not even the CDC or the FDA have authority to enforce such an act. OSHA has not acted upon Slo Joe's statement.

They know they are on weak legal footing.

And there are already many pending lawsuits concerning the mandate. (Southwest Airlines and Labor Unions etc)

This dog won't hunt.

1 posted on 10/16/2021 6:45:42 AM PDT by Texas Fossil
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To: Texas Fossil

Article 10


2 posted on 10/16/2021 6:47:00 AM PDT by Chauncey Gardiner
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To: Texas Fossil

Geez. Almost like economic extortion huh? So much for the anti-bullying screed they keep spewing.


3 posted on 10/16/2021 6:50:32 AM PDT by rktman (Destroy America from within? Check! WTH? Enlisted USN 1967 to end up with this? 😕)
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To: Texas Fossil
FEDERAL SUPREMACY VS. STATES’ RIGHTS

From the article:

To enjoy supremacy, a federal law must first be “made in pursuance thereof” (all other constitutional text) and be “made under the authority of the United States,” as defined in the enumerated powers of the Federal government according to the U.S. Constitution.

To put a fine point on the matter, the Constitution of the United States assigns all “law-making” authority to Congress alone, the legislative branch. This means that policies set by either the Executive branch or the Judicial branch cannot possibly be “laws,” according to the Constitution.

Further, only when Congress enacts laws which are “in pursuance thereof” – within the purview of, or under the authority granted via the Constitution, and not in conflict with the Bill of Rights, can those laws enjoy Supremacy.

Policies set by the Executive or Judicial branch are not laws at all. Therefore, they cannot enjoy supremacy in a Constitutional Representative Republic. Amendment X of the U.S. Constitution states unequivocally that – “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

Bottom line, Biden's mandate on private business is going to go down in flames provided the law is actually followed.

4 posted on 10/16/2021 6:52:14 AM PDT by rarestia (Repeal the 17th Amendment and ratify Article the First to give the power back to the people!)
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To: Texas Fossil

What mandate has the veg issued? I haven’t seen one.


5 posted on 10/16/2021 6:52:17 AM PDT by HYPOCRACY (Cornpop was a good dude.)
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To: rarestia

Great post!


6 posted on 10/16/2021 6:53:13 AM PDT by WinstonSmith1984 (The DOJ is a far left militia.)
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To: Texas Fossil
"federal guidance" Guidance is just that. Sort of like mom and dad saying you should be a doctor.
7 posted on 10/16/2021 6:53:32 AM PDT by fruser1
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To: Texas Fossil

There is STILL no legal requirement in place. What requirement are they going to enforce when there isn’t one yet?

Same reason states cannot sue them yet, there is nothing to sue against yet.


8 posted on 10/16/2021 6:55:02 AM PDT by Openurmind (The ultimate test of a moral society is the kind of world it leaves to its children. ~ D. Bonhoeffer)
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To: Texas Fossil

“The Pentagon, in a statement Thursday, said that federal guidance supersedes local laws, like the executive order issued by Texas Gov. Greg Abbott on Monday. It pointed to federal guidance issued in September.”

“Federal guidance” means nothing.


9 posted on 10/16/2021 6:55:54 AM PDT by ConservativeMind (Trump: Befuddling Democrats, Republicans, and the Media for the benefit of the US and all mankind.)
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To: HYPOCRACY

Exactly, what do they have to enforce? Nothing, it is another extension of the bully scare con job.


10 posted on 10/16/2021 6:57:09 AM PDT by Openurmind (The ultimate test of a moral society is the kind of world it leaves to its children. ~ D. Bonhoeffer)
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To: rarestia

Wonderful!


11 posted on 10/16/2021 6:57:10 AM PDT by Jan_Sobieski (Sanctification)
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To: Chauncey Gardiner

Article I 


12 posted on 10/16/2021 6:57:13 AM PDT by Texas Fossil ((Texas is not where you were born, but a Free State of Heart, Mind & Attitude!))
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To: rarestia

Bingo, we have a winner.


13 posted on 10/16/2021 6:58:02 AM PDT by Texas Fossil ((Texas is not where you were born, but a Free State of Heart, Mind & Attitude!))
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To: Texas Fossil

They know they are on weak legal footing.

*************

They don’t give a damn about legal footing, lawsuits, state’s rights, the Constitution, or any kind of constraints normally observed under the principles of legitimate governance.

This regime rules by dictates that are sanctioned and enforced by the Deep State.

We are a representative democracy in name only.


14 posted on 10/16/2021 7:04:40 AM PDT by Starboard
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To: Texas Fossil

We are getting hints this is coming to contractors here in Florida. I am a security guard working for a security company at a shipyard that is building Coast Guard ships. My company is getting ready as a contractor to a Federal contractor. If the mandate comes down it will shut down the shipyard as a majority of the workers refuse to get he shot. I believe that nearly all have, in fact, had the CCP flu already. Most got flu back in early 2020 when the corona virus was vaguely known about but it was not diagnosed hereabouts. Later antibody tests have confirmed that my family all had it and I know several yard workers who have been there, too. The yard force is mostly the same as then. the Negroes invoke Tuskeegee and say they are not going to repeat that scam and many others are influenced by that. the only diagnosed cases on the yard have been among office personnel, and only those who went to the ER. Everybody else who ailed just loaded up on flu and cold meds and worked on. One died and WuHan is on his death certificate. His relapse of throat cancer is not.


15 posted on 10/16/2021 7:05:14 AM PDT by arthurus (covfefe fafo)
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To: Texas Fossil

We are getting hints this is coming to contractors here in Florida. I am a security guard working for a security company at a shipyard that is building Coast Guard ships. My company is getting ready as a contractor to a Federal contractor. If the mandate comes down it will shut down the shipyard as a majority of the workers refuse to get he shot. I believe that nearly all have, in fact, had the CCP flu already. Most got flu back in early 2020 when the corona virus was vaguely known about but it was not diagnosed hereabouts. Later antibody tests have confirmed that my family all had it and I know several yard workers who have been there, too. The yard force is mostly the same as then. the Negroes invoke Tuskeegee and say they are not going to repeat that scam and many others are influenced by that. the only diagnosed cases on the yard have been among office personnel, and only those who went to the ER. Everybody else who ailed just loaded up on flu and cold meds and worked on. One died and WuHan is on his death certificate. His relapse of throat cancer is not.


16 posted on 10/16/2021 7:05:49 AM PDT by arthurus (covfefe fafo)
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To: rarestia

So, this is just a game, then, to see what they can get away with - like the election. The Left wants to see if their yammering mouthpieces in the press can get them what they want, just by talking.

It is strange, that the Congress wants to do nothing but “investigate” and adjudicate while the Executive thinks it can pass law, under the Left. The Supreme Court is in hiding, I guess until they find out what powers are left to them.


17 posted on 10/16/2021 7:05:53 AM PDT by Empire_of_Liberty
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To: HYPOCRACY
What mandate has the veg issued? I haven't seen one.

From the article, “The federal mandate doesn't take effect until December 8”. OSHA in response to Biden's speech has started the process to change the rules. This is hardly a “mandate”. It is not even far enough along for lawyers to challenge because no one knows what they will be able to come up with.

https://1businessworld.com/2021/10/business/companies-face-pressure-to-act-on-vaccine-mandates-even-as-they-wait-for-clear-rules/

There is no “mandate”, OSHA has started their rule making process but is weeks or months away from instituting any new rules. Biden has overstepped his authority, it is all a bluff.

18 posted on 10/16/2021 7:06:03 AM PDT by fireman15
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To: rktman

So much for the anti-bullying screed they keep spewing.

**************

Whatever they accuse others of doing is exactly what they are doing. That’s a consistent theme in liberaldom.


19 posted on 10/16/2021 7:06:57 AM PDT by Starboard
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To: rarestia

...provided the law is actually followed...


20 posted on 10/16/2021 7:07:15 AM PDT by arthurus (covfefe f)
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