Where Does Biden Get the Authority To Mandate Vaccination?

[mystery-ak]

Where Does Biden Get the Authority To Mandate Vaccination?
Emergency OSHA rules are frequently struck down by courts.

Walter Olson | 9.10.2021 1:35 PM

President Joe Biden decreed on Thursday that private companies with more than 100 workers would have to make it a condition of employment for them to get vaccinated—either that, or take weekly tests for the virus. You may wonder: On what authority can Biden order this?

The White House is relying on the regulatory authority of the Labor Department's Occupational Safety and Health Administration (OSHA), an agency dating back to 1971, and in particular its seldom-used emergency powers. Some backers of Biden's action seem to think waving in OSHA's general direction, together with citing COVID-19's high death toll, is all the answer needed to questions about legality.

But it isn't. Courts have frequently struck down OSHA actions, especially when the agency has tried to issue the type of peremptory decree it calls an emergency temporary standard (ETS).

A word is in order about the two ways OSHA adopts rules. The standard, accepted way is to put them through the process known as "notice and comment," building a record that it is hoped will result in more rational standards and, whether or not it does that, prepares the way for judicial review by, for example, putting the agency on the record against major objections as to its rationale for the rule.

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https://reason.com/2021/09/10/where-does-biden-get-the-authority-to-mandate-vaccination/?utm_source=GeorgiaLogCabin

[Kamaji]

Notice and comment is generally required under the Administrative Procedures Act.  There are provisions for accelerating the requirements, or ignoring them under certain circumstances, but a regulation that has not undergone APA-mandated notice and comment is much more open to attack than one that has.

[Smokin Joe]

Considering the first cases of COVID 19 were two years ago, I fail to see where this can be construed suddenly as an emergency. A considerable fraction of the population has had 2-3 jabs, now, a number of others have recovered and acquired natural antibodies, some without so much as being noticeably symptomatic. Attempting to quantify the latter group is going to produce a lowball number, because of the cases which were not even tested/reported.

Add in that the overall death rate from the disease is 0.15%, and I fail to see the emergency, with the exception that the administration and Medical establishment are doing all in their power to keep people away from effective treatment regimens and promote the jab through totalitarian edicts and requirements, despite indicated risk to some age groups which suffer little from the disease, and are placed more at risk by the demanded intervention.

[DB]

Considering the first cases of COVID 19 were two years ago, I fail to see where this can be construed suddenly as an emergency. A considerable fraction of the population has had 2-3 jabs, now, a number of others have recovered and acquired natural antibodies, some without so much as being noticeably symptomatic. Attempting to quantify the latter group is going to produce a lowball number, because of the cases which were not even tested/reported.

Add in that the overall death rate from the disease is 0.15%, and I fail to see the emergency, with the exception that the administration and Medical establishment are doing all in their power to keep people away from effective treatment regimens and promote the jab through totalitarian edicts and requirements, despite indicated risk to some age groups which suffer little from the disease, and are placed more at risk by the demanded intervention.

I bet there's a number of occupations that have a higher death rate than 0.15% yet they still exist...

[Free Vulcan]

He doesn't.

He doesn't care. He does what he wants, you do what you're told. Laws, regulations, constitutions don't matter. He's been like this for 40 years.

This guy is a is an elitist, country club thug pr*ck.

He will declare himself dictator, suspend Congress, eliminate the Constitution, send out the military, bash your family's faces in, scorch and destroy anyone who stands up to him, just to let you know he's the boss. He's already threatened as much.

Go ahead, sue him. It's not going to stop him. He's not going to respect the courts or anything else.

It will take the 25th Amendment to get rid of him, and he's too useful to the Dems right now to do that.

[Kamaji]

I bet there's a number of occupations that have a higher death rate than 0.15% yet they still exist...

366 taxicab and limousine drivers died a violent death over an 11-year period at a rate of 17.8 per 100,000 workers (95% CI 16.9 to 18.7).  Source:  https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5576347/

[Kamaji]

20 Deadliest Jobs:  https://www.cbsnews.com/pictures/the-20-deadliest-jobs-in-america-ranked/21/

#1?  Loggers.  132.7 deaths per 100,000

[240B]

He does what he wants, you do what you're told. Laws, regulations, constitutions don't matter.

You just described Pelosi, Hillary, Obama, and every Democrat in the city limits of Washington D.C.
They are all like that, including SCOTUS and court Judges.

[DB]

20 Deadliest Jobs:  https://www.cbsnews.com/pictures/the-20-deadliest-jobs-in-america-ranked/21/

#1?  Loggers.  132.7 deaths per 100,000

I would think roofers and crab fishermen are high on the list.

[Hoodat]

Where Does Biden Get the Authority To Mandate Vaccination?

This person clearly does not understand how fascism works.

[Free Vulcan]

He does what he wants, you do what you're told. Laws, regulations, constitutions don't matter.

You just described Pelosi, Hillary, Obama, and every Democrat in the city limits of Washington D.C.
They are all like that, including SCOTUS and court Judges.

I agree, but I think Biden is a crazy and craven enough thug to illegally send out the military to enforce it, especially with Milley whispering in his ear.

[Smokin Joe]

He doesn't.

He doesn't care. He does what he wants, you do what you're told. Laws, regulations, constitutions don't matter. He's been like this for 40 years.

This guy is a is an elitist, country club thug pr*ck.

In the event of this:

He will declare himself dictator, suspend Congress, eliminate the Constitution, send out the military, bash your family's faces in, scorch and destroy anyone who stands up to him, just to let you know he's the boss. He's already threatened as much.

People aren't going to reach for a lawyer, and I'd bet there is still a significant portion of the military who would not side with that.

[240B]

I agree, but I think Biden is a crazy and craven enough thug to illegally send out the military to enforce it, especially with Milley whispering in his ear.

Biden and especially Pelosi have been waiting eagerly and impatiently for ANY reason to send out the National Guard and Active duty troops to 'occupy' all the Red States with which they disagree. However, they have some in-house problems with this ardent desire.

1. They do not trust the American Military any more than they trust any American citizen, which they view as terrorists.
2. Democrats, WOKE Liberals, Communists, traditionally despise the American Military and everything they do.
3. Joe Biden just stuck a big flaming dagger in the back of the the military in Afghanistan. Unlikely they will trust or support him now.

And that is the unsolvable dichotomous contradiction. How does one get the military to do the bidding of government officials who undermine and hate them? But, your point is clear. If they had a military force they could trust, which works only for them, they would unleash them immediately. This is what Obama was talking about when he proposed building his own civilian Army inside American borders which would be just as or more powerful than the military Army. Democrats are consummately fascists in every definable, historical, and observable way.

[Free Vulcan]

Biden and especially Pelosi have been waiting eagerly and impatiently for ANY reason to send out the National Guard and Active duty troops to 'occupy' all the Red States with which they disagree. However, they have some in-house problems with this ardent desire.

1. They do not trust the American Military any more than they trust any American citizen, which they view as terrorists.
2. Democrats, WOKE Liberals, Communists, traditionally despise the American Military and everything they do.
3. Joe Biden just stuck a big flaming dagger in the back of the the military in Afghanistan. Unlikely they will trust or support him now.

And that is the unsolvable dichotomous contradiction. How does one get the military to do the bidding of government officials who undermine and hate them? But, your point is clear. If they had a military force they could trust, which works only for them, they would unleash them immediately. This is what Obama was talking about when he proposed building his own civilian Army inside American borders which would be just as or more powerful than the military Army. Democrats are consummately fascists in every definable, historical, and observable way.

I think this is why Milley is pushing so hard to get rid of the 'white supremacists' aka conservatives in the military, so they don't have to worry about that.

Milley is just itching for martial law to eliminate political opposition.

[jmyrlefuller]

"Out of his backside" is not an acceptable answer, is it?

[Smokin Joe]

"Out of his backside" is not an acceptable answer, is it?

Probably the most accurate, though.