(Republican Insider) – A new question has started to pop up in the minds of Americans all across the country concerning the Sept. 9 announcement from Joe Biden of a vaccine mandate for private companies that have staff of 100 or more employees.
Does this mandate actually exist or is it just a bluff to try and get more people to get the jab? It’s been over a month since this announcement was made and it’s been pointed out by The Federalists’ Joy Pullman that no rule has actually been issued by the Department of Labor’s Occupational Safety and Health Administration, also known as OSHA.
According to WND, almost two dozen GOP attorney generals who have threatened to file a lawsuit on constitutional grounds have not yet filed, because there is currently no mandate for them to actually take to court.
However, Pullman thinks that might be part of the plan.
Pullman went on to say that the Biden administration is creating and imposing the public perception of a mandate by employing the use of a very unusual rule-making process that is known as an emergency temporary standard, or ETS.
“But even through the emergency process, OSHA says it takes up to six months for a rule to go into effect after it is issued in the Federal Register. And that hasn’t happened yet. Meanwhile, companies are telling reporters their vaccine mandates will have, at the latest, December deadlines,” the report says.
Pullman then stated that, “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,” she went on to write in a piece for The Federalist.
OSHA has actually employed the use of that legal authority a total of 10 times in the last fifty years, according to a piece written by David Rivkin Jr. and Robert Alt in the Wall Street Journal just last month. Courts have already ruled on challenges to six of those standards, rejecting five of them and upholding one.
“Rivkin and Alt believe Biden’s mandate is unconstitutional, arguing the states, not Congress, have plenary police power to regulate health and safety. Congress, they wrote, has no authority to fine an individual who declines to be vaccinated, ‘much less to prevent him from earning a livelihood,’” the WND report said.
As of now, the Democrats’ $3.5 trillion “infrastructure” bill features increased fines for any employers that have 100 or more workers and refuse to comply with the mandate that run up to $700,000 for repeated violations. That’s absurd and guaranteed to destroy businesses and jobs, wrecking the economy.
In a letter penned by Bruce Atkinson and addressed to the Wall Street Journal, it was observed that “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,” he wrote in his letter. “This implied cudgel is particularly effective on industries and companies that are dependent on federal spending or the goodwill of federal regulators.”
He also said the “nonexistent mandate also allows so-inclined state and local governments and companies to issue their own mandates, seemingly in lockstep with Washington.”
Pullman concluded the piece for The Federalist by saying that the Biden administration “has been well-served by presenting a nonexistent mandate as a done deal.”
She then said that Biden’s “government by press release” enables “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,” Pullman said in conclusion, “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.”
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