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Why the Biden Jab Mandate is Unconstitutional

By Patrick follow Patrick   2021 Sep 16, 11:32pm 266 views   14 comments   watch   nsfw   quote   share      


https://technofog.substack.com/p/why-the-biden-covid-19-vaccine-mandate


On September 9, President Biden announced he would circumvent the democratic process, ordering the Secretary of the Department of Labor to require employers with over 100 workers to “ensure their workforces are fully vaccinated or show a negative test at least once a week.”

This was essential, as Biden said, “to protect vaccinated workers from unvaccinated workers.”

As we have explained, the Secretary of Labor will issue these regulations through OSHA by way of an Emergency Temporary Standard (ETS). The ETS would allow the Secretary of Labor to issue the vaccine mandate without the normal administrative rulemaking requirements (like notice and public comment periods).


While the Biden Administration tells the public that there’s no time to waste in issuing the mandate, the truth is that OSHA/Labor failed to argue the necessity of a vaccine mandate since the vaccines have been available – a time period approaching one year. Moreover, the Biden Department of Labor is secretly meeting with the US Chamber of Commerce and business lobbyists to gather support for the mandate. As Bloomberg Law reports:

Solicitor of Labor Seema Nanda held a virtual meeting with Neil Bradley, the Chamber’s chief policy officer, and other business lobbyists. The Chamber, the largest business lobbying group in the U.S., has yet to publicly declare a position on the coming Occupational Safety and Health Administration emergency rulemaking.

It was one of at least three briefings the department held Friday for labor union leaders and employer associations—constituencies the White House hopes to forge partnerships with to lift the vaccination rate nationwide. Information from the calls was disclosed to Bloomberg Law by eight sources who took part, all of whom requested anonymity because they didn’t have approval to speak publicly.

Why the Vaccine Mandate is Unconstitutional

As you can imagine, the constitutionality of the vaccine mandate will be litigated as soon as OSHA issues the rules. The media is running interference, telling the public that challenges to the mandate are “unlikely to succeed.”

Do not believe them.

The legality of the vaccine mandate will be assessed under what is called the major rules doctrine (also known as the major questions doctrine). Under this doctrine, the courts look to (1) whether the agency action is a major rule; and (2) whether Congress has clearly authorized the agency action.

As Justice Scalia stated in 2014, “We expect congress to speak clearly if it wishes to assign to an agency decisions of vast ‘economic and political significance.’”

From here we turn to the first question of the major rules doctrine: there is zero doubt that it is a major rule. It would affect the healthcare decisions – and implicate the personal autonomy – of “some 80 million private sector workers.” It is an action never before taken by OSHA, the Department of Labor, and any other federal agency. It would affect the entire US economy.

In support of my position, we have seen lesser invasive agency rules be determined to be major rules. For example, “rate-regulations” of telephone companies has been held to be a major rule. MCI Telecommunications Corp. v. American Telephone & Telegraph Co., 512 U.S. 218 (1994).

From there we get to the second question: whether Congress has clearly authorized the Department of Labor/OSHA to mandate vaccines. The answer is no.

If Congress clearly authorized (not just authorized, but clearly authorized) Labor/OSHA to mandate vaccines, then we would have seen such authority in the OSH Act of 1970. Look for yourself – the language isn’t there. Instead, there are general grants of authority to “set mandatory occupational safety and health standards.”

Looking to the history of OSHA, this authority has been understood to regulate employer actions to provide a safe workplace (Benzene limits) or employee actions at work (operation of heavy equipment). The OSH Act has never been understood historically to include mandatory vaccinations. This is significant because the Supreme Court recently looked to agency history to determine the CDC lacked the authority to issue its latest eviction mandate.

For an example of “clear authority” relating to public health, look to the authority Congress gave HHS to take action in case of “significant outbreaks of infectious diseases.” Going further, to allow the mandate would be to allow OSHA to require vaccination as a condition of employment. The OSH Act contains no such language or authority.

So there we have it. This is a “major rule” and Congress has not “clearly authorized” Labor/OSHA to issue a vaccine mandate. It is an unlawful - and unconstitutional - seizure of authority by the Executive. Expect further challenges on whether the ETS itself (and the finding of “grave danger”) is legal.

We also observe that we by no means concede Congressional authority to mandate vaccines. (In other words, Congress could not give OSHA/Labor this authority because Congress has no such authority to give.) You may have seen some pundits argue that the 1905 case of Jacobsen v. Massachusetts gives this authority. These arguments are misplaced, as that was the Supreme Court over 100 years ago considering state, and not federal, authority.

One Final Point – Why Justice Kavanaugh Matters

In 2017, when Justice Kavanaugh was sitting on the DC Circuit, he wrote a dissent from a denial of rehearing en banc, in which he thoroughly summarized the major rules doctrine. He argued that the FCC’s net neutrality rule was unlawful, in that it was a “major rule” that was not clearly authorized by Congress.

Kavanaugh’s 2017 dissent was one of the most (or perhaps the most) comprehensive discussions of the major rules doctrine ever written in the DC Circuit. Kavanaugh went through a number of Supreme Court cases in support of his position and argued the doctrine essential to uphold the separation of powers. To this author, it reveals Kavanaugh values this doctrine and believes it should be applied with vigor.

We see an example of this in Justice Kavanaugh’s concurring opinion in the original application to vacate the stay of the CDC eviction moratorium (June 29, 2021), where Kavanaugh wrote “clear and specific congressional authorization (via new legislation) would be necessary for the CDC to extend the moratorium.”

Whether Kavanaugh has the courage to apply his convictions is another matter.
2   HeadSet   ignore (3)   2021 Sep 17, 7:39am     ↓ dislike (0)   quote   flag        

Patrick says
Why the Biden Jab Mandate is Unconstitutional

Being easily proven as unconstitutional is slim defense in this day of politically motivated activist judges.
4   HeadSet   ignore (3)   2021 Sep 27, 12:15pm     ↓ dislike (0)   quote   flag        

Patrick says
https://www.ntd.com/dozens-of-massachusetts-state-troopers-submit-resignations-over-vaccine-mandate_681159.html?utm_source=patrick.net&utm_medium=patrick.net&utm_campaign=patrick.net

‘Dozens’ of Massachusetts State Troopers Submit Resignations Over Vaccine Mandate


But the judge, Jackie Cowin, said that delaying the vaccine mandate wouldn’t serve the public’s interest.
“The public interest is, unquestionably, best served by stopping the spread of the virus, in order to protect people from becoming ill, ensure adequate supply of medical services, and curtail the emergence of new, deadlier variants of the virus,” according to her ruling.


First of all, the judge is supposed to be ruling on law, not legislating ("public interest"). Secondly, the premise is totally wrong - the jab does not stop one from catching, carrying, or spreading Covid. And it definitely does not stop new variants.
5   mell   ignore (6)   2021 Sep 27, 12:18pm     ↓ dislike (0)   quote   flag        

HeadSet says
Patrick says
https://www.ntd.com/dozens-of-massachusetts-state-troopers-submit-resignations-over-vaccine-mandate_681159.html?utm_source=patrick.net&utm_medium=patrick.net&utm_campaign=patrick.net

‘Dozens’ of Massachusetts State Troopers Submit Resignations Over Vaccine Mandate


But the judge, Jackie Cowin, said that delaying the vaccine mandate wouldn’t serve the public’s interest.
“The public interest is, unquestionably, best served by stopping the spread of the virus, in order to protect people from becoming ill, ensure adequate supply of medical services, and curtail the emergence of new, deadlier variants of the vir...


Can only repeat myself here: DONT put womyn in charge!
6   WookieMan   ignore (6)   2021 Sep 27, 1:02pm     ↓ dislike (0)   quote   flag        

HeadSet says
First of all, the judge is supposed to be ruling on law, not legislating ("public interest"). Secondly, the premise is totally wrong - the jab does not stop one from catching, carrying, or spreading Covid. And it definitely does not stop new variants.

Whatever at this point. They're making a mundane virus out as something that has 30-40% mortality rate yet the vaccine doesn't work and neither do masks and death rates are below 1%. They're going to look like idiots in 2022 and probably 2024. Let them dig their own grave at this point. Honestly might be better long term to watch the shit show and just let it happen. I have flex employment wise, I know not everyone does, but maybe an implosion is the best possible outcome.

Very few people I know 30-60ish are happy right now. Pissed at the wife for sneaking the vaccine, but she's done with masks at minimum. It upsets us both we've got to strap them on our kids faces. Most parents are not happy with the current situation besides a few health nut jobs that don't realize Covid won't kill their kids. They were sold a bill of goods between two administrations that were flat out bull shit.

Boomers and geezers fear for their life and will do everything thinking they're protecting it. Good luck. Blowback is coming.
7   Patrick   ignore (1)   2021 Sep 27, 1:13pm     ↓ dislike (0)   quote   flag        

WookieMan says
Boomers and geezers fear for their life and will do everything thinking they're protecting it. Good luck. Blowback is coming.





I think this explains a lot.

Democrat Congressmen are very old, much older than Republicans. There was an article about it which I can't find. I think the age difference was about 20 years.
8   WookieMan   ignore (6)   2021 Sep 27, 1:47pm     ↓ dislike (0)   quote   flag        

Patrick says
I think this explains a lot.

Democrat Congressmen are very old, much older than Republicans. There was an article about it which I can't find. I think the age difference was about 20 years.

There are some young ones for sure in Congress, but obviously POTUS and most of Congress are old. I like logic more than tin foil hats. I personally think this is just fear from those in charge about their own lives. Or fear of knowledge getting out about GOF research.

Besides a few doctors in Congress, they're all lawyers and idiots. Look at POTUS with Biden. He's basically 80 fucking years old, past the normal life expectancy for a male. I'd be fucking freaked out about dying at that age, but I wouldn't push bull shit down people's throats about an almost totally harmless virus. I'd guess Congress is about 53 on average. Not in the dying zone, but at risk. So they lead with fear.

My IL governor is a fat fucking shit wad. He's the best candidate to die from Covid. He's huge and short. I'm 6'3 and being able to judge weight decently he weighs more than me at about 5'4" I believe. I'm 224ish for comparison. Wife has met him through work and so have a lot of her peers in her industry. He's not well liked and many of these people are left leaning that know him.
10   MisdemeanorRebellionNoCoupForYou   ignore (1)   2021 Sep 27, 11:17pm     ↓ dislike (0)   quote   flag        

Once upon a time, unconstitutional meant something.

Now we have Governors claiming Religious Exemptions don't apply because "All religious leaders agree" with the vax.
11   Karloff   ignore (0)   2021 Sep 27, 11:26pm     ↓ dislike (0)   quote   flag        

mell says
DONT put womyn in charge!

There are plenty of men doing the bidding of the globalists: Andrews, Trudeau, Biden, Macron.

If there's one thing that seems to transcend sexes, it's the desire to whore one's self out to others in exchange for money or power.
12   Patrick   ignore (1)   2021 Oct 5, 10:06am     ↓ dislike (0)   quote   flag        

https://spectatorworld.com/topic/dmv-shows-covid-restrictions-never-go-away/


Rules proposed, let’s allow, in good faith often fail to accomplish that which they were originally intended to. Rather, they empower bullies disguised as clerks and waiters who in the name of safety demand we provide bits of paper from the scavenger hunt of our lives. But they are merely background players in a bigger game: governments collecting more and more information, placing restrictions without explanation, claiming it is for our own good when clearly it is for their good.
14   richwicks   ignore (3)   2021 Oct 5, 10:30am     ↓ dislike (0)   quote   flag        

MisdemeanorRebellionNoCoupForYou says
Once upon a time, unconstitutional meant something.


When? Patriot Act was clearly unconstitutional, people were warning about it at the time. Federal drugs laws are unconstitutional, people have been warning about that for over 50 years. The Department of Education is unconstitutional, that was implemented 40 years ago.

The constitution has been ignored in my of my lifetime. Hell, the Federal Reserve isn't constitutional.

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