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.
99% of all of our government is a con job enforced at the point of a gun.
EO’s are only for administration of the Executive Branch ...............
Do you live in Indiana? If you did, you would understand how many of us feel about Holcomb. He’s a spineless jerk who takes his orders from the GOP elite. He’s a typical politician.
Hey, at least we can buy alcohol on Sundays now! Joined the rest of the country just a couple of years ago.
We seem to always have poor choices for those representing us. I understand why, too. Nobody worth a damn wants to put up with the virtual colonoscopy that you’d undergo if you’re new to the game. It’s all a sham.
That's the big problem there is no promised immunity, just a press release.
Companies will be looking at big liability under HIPA. They are on the hook for any employee who get sick from the vax. The are open to suits for wrongful termination from employees who refuse the vax. This is going to be a bountiful year for lawyers.
I was saying “will”, but I can see your point, too.
The Democrats will probably play their lawyers against companies who don’t “play ball”. They will reward their corporate friends and sic their shysters on rest.
Those EO’s only apply to fed workers and fed contractors.
USCG SimTech wrote:
About the E.O. mandating vaccinations for federal contractors:
The mandate is for federal contract acquisitions components to ensure is FUTURE CONTRACTS that all on-site contractors are to be vaccinated (not with immunity, but with vaccination).
Another illusion.
Federal contract acquisitions, meaning FUTURE CONTRACTS AND ANY EXTENSIONS OF EXISTING CONTRACTS. What’s not in the words is what to mandate for existing contractors under existing contracts.”
Good catch.
So, how many gov contractors have planned on modifying their current contracts ?
How many are presently in the process of modifying their current contracts?
And I’m guessing you would call the Vaxx Police and turn them in.
Yes. But they make it sound like it’s a law....................
“Those EO’s only apply to fed workers and fed contractors.”
__________________________________________
And subcontractors. Any company that has any dealings with the federal government or companies that have dealings with companies that have any dealings with the federal government.
He can’t mandate it via Executive Order for any other companies, but he can for those.
To say there is no executive order is lie, because there is, and he never said there would be a Executive Order mandating vaccination on non-government affiliated companies.
He did say he would task the Department of Labor to write a mandate on employers with over 100 employees to vaccinate or test weekly or be fined.
His EO of federal affiliated companies doesn’t allow the weekly testing option.
He hopes that unaffiliated private companies will follow by example and many are or will. It’s truly fascism.
______________________________________________________
Related to the EO:
On Friday, Sept. 24, the Safer Federal Workforce Task Force released updated guidance as a follow up to the Executive Order that was issued on Sept. 9. This guidance is related to COVID-19 vaccinations and other health and safety measures for federal contractors and subcontractors.
Excerpt:
Covered contractors must ensure that all covered contractor employees are fully vaccinated for
COVID-19, unless the employee is legally entitled to an accommodation. Covered contractor
employees must be fully vaccinated no later than December 8, 2021. After that date, all covered
contractor employees must be fully vaccinated by the first day of the period of performance on a
newly awarded covered contract, and by the first day of the period of performance on an
exercised option or extended or renewed contract when the clause has been incorporated into the
covered contract.
https://www.saferfederalworkforce.gov/downloads/Draft%20contractor%20guidance%20doc_20210922.pdf
bookmark
jacknhoo wrote:
“Covered contractor
employees must be fully vaccinated no later than December 8, 2021. After that date, all covered
contractor employees must be fully vaccinated by the first day of the period of performance on a
newly awarded covered contract, and by the first day of the period of performance on an
exercised option or extended or renewed contract when the clause has been incorporated into the
covered contract.
https://www.saferfederalworkforce.gov/downloads/Draft%20contractor%20guidance%20doc_20210922.pdf
“
Many thanks for finding and posting this!
I noticed the part about existing contracts.
It takes time to do contract mods on existing contracts.
In my area, restaurants are paying $17/hr for teens to be bussers, plus pooled tips. They are flocking to the restaurants these days….
We still have many shortages, even advertising $15 per hour most everywhere.........................
So far Delta Airlines is the only larger airline that has not announced the mandate.
“ I have an official COVID-19 Vaccination Record Card to prove it.”
Of course you do. Hard to shill for the jab without your papers
“ So far Delta Airlines is the only larger airline that has not announced the mandate.”
__________
They will also, sometime before December 8th. It’s all a forgone conclusion. 100s of 1000s will be suspended without pay throughout the USA.
I really miss Herb Kelleher. I do not think he would go along with this mandate.
My husband has had to offer $20/ hour for non-skilled workers who the company will train. Still getting few takers. Some, but not enough.
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