Biden’s Draconian COVID Executive Orders Are Unconstitutional~Biden’s Authoritarian COVID-19 Vaccine Mandate Meets Immediate and Fierce Resistance

Governor Kristi Noem vows legal fight against Biden’s vaccine mandates

BY STEVE BYAS

SEE: https://thenewamerican.com/bidens-draconian-covid-executive-orders-are-unconstitutional/;

republished below in full unedited for informational, educational & research purposes:

“President Biden and his Administration will continue to use every tool necessary to protect the American people from Covid-19,” the White House announced Thursday in a blizzard of executive orders, some of which claim presidential powers unheard of in American history, far beyond those claimed by U.S. presidents during wartime and depressions.

According to the White House press release, Biden is “implementing a six-pronged, comprehensive national strategy that employs the same science-based approach that was used to successfully combat previous variants of COVID-19 earlier this year.”

The “six-pronged approach” includes the following:

  • Vaccinating the Unvaccinated
  • Further Protecting the Vaccinated
  • Keeping Schools Safely Open
  • Increasing Testing & Requiring Masking
  • Protecting Our Economic Recovery
  • Improving Care for those with COVID-19

As the White House release said, the various COVID vaccines have been available to every individual age 16 and older since April 19 and to those age 12 or older since May. Some companies, such as Tyson Foods and United Airlines, are being praised by the White House for forcing their employees to get vaccinated. All of this has resulted in more than 175 million Americans being “fully vaccinated.” Still, nearly 80 million Americans who are eligible to be vaccinated have not even gotten one shot.

One can logically guess that, as easily available as the vaccine has been to get, if any American has not yet gotten the vaccine, it means that individual has opted not to get the vaccine for whatever reason. But the White House vows to change that and “reduce the number of unvaccinated Americans by using regulatory powers and other actions to substantially increase the number of Americans covered by vaccination requirements.” (Emphasis added.) In other words, using the direct or indirect pressure of the federal government, more Americans will be compelled to get a shot, to the point that “these requirements will become dominant in the workplace.”

How? President Biden is issuing an executive order requiring all private employers who have more than 100 employees to ensure that their workers are vaccinated or tested weekly.

Clearly, this is unprecedented. There is no provision in the U.S. Constitution giving the federal government the legal authority to require businesses to require their employees to get a vaccine. And, if even there were, this would be a legislative or law-making function, a power that the president does not have. Certainly, a president can issue executive orders to members of the executive branch to implement a law, but executive orders cannot be used to make law.

If Biden, or any other president, can simply make law via executive order, telling individual citizens or business owners what to do, with not even a figment of Constitutional authority or executing a law passed by Congress, exactly what can a president not do?

Biden also is requiring vaccinations for all federal workers. While Biden does have some authority to issue orders to those who are in the employ of the federal government, that authority is limited to the execution of laws passed by Congress. Under the reasoning that the president can order federal employees to get a vaccination, simply because they work for the federal government, this would allow a president to, for example, order the government’s employees to exercise a certain amount each day. Some might argue that this is a poor analogy because the vaccine is designed to protect others, rather than primarily to protect the person getting the shot. But if that is the criteria, could the president also order federal workers not to drink alcohol, because if they drank too much and then drove an automobile, they might kill a fellow American in an automobile accident? Perhaps the president could order an individual American citizen to refrain from supporting certain candidates for public office, because, in his opinion, those politicians might be dangerous to others in U.S. society. Or — as it has been put in totalitarian societies — because they are “enemies of the people.”

In a related order, Biden is going to require that millions of contractors who do business with the federal government also get vaccinated.

COVID vaccinations will be required for the 17 million healthcare workers at hospitals that receive Medicare and Medicaid patients; in other words, virtually all American hospitals. This well illustrates that the acceptance of federal funds, in any form, can lead to federal control in ways not even dreamed of when those programs were first created. One can not imagine President Lyndon Johnson trying to sell the passage of Medicare in 1965 by adding that any hospital that received payment through the program would then have to take orders from the president on what shots their doctors, nurses, pharmacists, and other staff would have to get. It is hard to imagine even the Caesars issuing such decrees.

“A top priority for the Biden Administration since Day One has been to reopen schools safely and keep them open,” the White House statement adds. How is this to be accomplished? The White House statement suggests “getting all staff and eligible students vaccinated, implementing universal indoor masking, maintaining physical distancing,” and “performing regular screening for students and school staff.”

To make sure this happens, the Biden orders will use the “full legal authority” of the federal Department of Education to protect students’ access to in-person instruction. No doubt this will include threats to withhold federal funds from school districts and states that refuse to comply. Again, this illustrates that with the acceptance of federal dollars comes federal control.

As it will “take time” for the newly vaccinated to get protection from the virus, the White House argues, testing and masking will be required.

And, of course, implementation of the executive orders will be accomplished with federal money — extracted from taxpayers either immediately, or by borrowing money that taxpayers will have to pay back later, with interest.

Will Americans simply accept these new dictates from Joe Biden, or will this be the bridge too far for his tenure as president?

______________________________________________________________

BY STACEY LENNOX

SEE: https://pjmedia.com/news-and-politics/stacey-lennox/2021/09/10/bidens-authoritarian-covid-19-vaccine-mandate-meets-immediate-and-fierce-resistance-n1477439;

republished below in full unedited for informational, educational & research purposes:

On Thursday evening, President Joe Biden told unvaccinated Americans he was losing patience with them, and it was their fault other Americans are dying. Then he announced wide-ranging executive action to force public employees and employees of federal contractors to get vaccinated. He added that OSHA would issue an emergency rule requiring private employers with more than 100 employees to require vaccination or at least weekly testing.

His speech was very confusing for a few reasons. First, he said, “We’re going to protect vaccinated workers from unvaccinated coworkers.” Most Americans who received the vaccine thought protecting themselves from people who might be ill was the whole point—way to ding vaccine confidence.

Then Biden went on to reassure vaccinated Americans that their risk of a breakthrough infection was extremely low. With the current number of fully vaccinated Americans, if the 1:5000 statistic he quoted is accurate, 35,486 vaccinated Americans may experience a COVID-19 infection. Biden admitted that these types of infections are not generally serious, yet, somehow he thinks this is going to devastate the economy.

Related: Biden Unveils Authoritarian Vaccine Mandate

While there is a definite mismatch between the scope of the problem and the response, it serves one distinct purpose. This time last week, Biden was under bipartisan scrutiny for his mismanagement of the Afghanistan withdrawal. His approval rating was in freefall, with independents and Democrats abandoning him. So, he turned to COVID, although cases and deaths are declining nationally, and broke the country in half again.

The reaction from Republicans and right-leaning organizations was immediate resistance. Biden called out red-state governors when he said, “If these governors won’t help beat the pandemic, I’ll use my power as president to get them out of the way.” Those governors had some thoughts. South Dakota Governor Kristi Noem told President Biden she would see him in court. Texas Governor Greg Abbott issued an executive order to preserve patient choice and added the issue to the legislative special session agenda. After committing to taking legal action to fight the vaccine mandates on his official account, Georgia Governor Brian Kemp tweeted from his personal account:

Republican National Committee Chairwoman Ronna McDaniel also announced plans to file a lawsuit.

Related: Mr. President, a Few Questions!

The New Civil Liberties Alliance (NCLA) already defends individuals from vaccine mandates and other COVID-19 regulations imposed by executive decree, such as the eviction moratoriums. Commenting on Biden’s actions, NCLA Executive director and general counsel Mark Chenoweth said, “By not exempting those who have naturally acquired immunity to COVID-19, the President’s plan is no more grounded in science or reason than the vast majority of state and local mandates that ignore the crucial role this type of immunity plays. The New Civil Liberties Alliance will not stand idly by while the federal government runs roughshod over Americans’ constitutional rights and civil liberties.”

Litigation counsel Jenin Younes from the NCLA added, “The Biden administration’s ill-conceived ‘Path out of the Pandemic’ plan vastly exceeds the powers the United States Constitution allows the executive branch. The federal government has no police power, and likewise no authority to force private employers of any size to mandate vaccines. It seems like the White House is trying to usurp legislative power that it does not have.”

Attorney and conservative commentator Ben Shapiro weighed in during an appearance on “Fox and Friends.” He confirmed Daily Wire CEO Jeremy Boreing’s statement indicating the company would not enforce a vaccine mandate. Both Shapiro and Boreing have consistently promoted the vaccines as safe and effective. They have both taken it as well, but the company will still not enforce a mandate.

Shapiro said the provisions that Biden will cite under OSHA are wildly overbroad. He added, ” And frankly, I think he’s made a huge tactical legal blunder here. I think there is every possibility that something like this goes to the Supreme Court level. And suddenly, we see a complete rewriting of the administrative state because Joe Biden couldn’t get his act in order. So, he decided to issue a tyrannical and authoritarian order here.”

Related: Joe Biden Has Mandated a Vaccine for 80 Million Employees. Now Let Him Enforce It.

Civil rights attorney Harmeet Dillion agrees. She said she would be taking clients to file a lawsuit as soon as OSHA finalizes the regulations. Appearing on “Tucker Carlson Tonight” with Jesse Waters, she indicated that COVID-19 might not meet the definition of an emergency under OSHA regulations. “OSHA is a very weird way to go about this. OSHA has an original set of regulations that were passed at the beginning of OSHA decades ago. Then it has some additional regulations that were passed after notice and comment,” Dillon said.

She added, “What he’s trying to do here is announce them under this very rarely used emergency provision. The emergency provision provides there has to be some kind of immediate, shocking, unusual threat to the workplace that’s dire, and there isn’t time to go through the normal process to do this. That’s obviously not the case here. We’ve been living with COVID for 18 months now. It’s not even a pandemic anymore. It’s endemic. It’s something that we are living with.”

The pushback to Biden’s authoritarian and divisive speech was immediate and fierce. The Biden administration designed the orders to eclipse Afghanistan in the news cycle. Their strategy appears to be working—the brief flare of unity around getting Americans home from the terrorist nation will evaporate. It is difficult to believe that dividing Americans again was not entirely intentional.

WATCH Daily Wire CEO Jeremy Boreing’s complete statement on Biden’s mandate: