In the United States of America, a handful of conservative governors have stepped up to challenge the massive overreach of the Biden administration. Republican Governors Ron DeSantis (FL), Greg Abbott (TX), and Kristi Noem (SD) have been the most visible and thus have the largest bullseye on their backs.
All three plus other conservatives have drawn the proverbial red line in the sand when it comes to the proposed federal vaccine mandate, using OSHA as the vehicle to cross state lines.
CNBC reported that as businesses brace for Biden’s Covid vaccine mandate, Republicans are threatening lawsuits.
President Joe Biden last month directed the Occupational Safety and Health Administration to write rules requiring private companies with 100 or more employees to vaccinate their staff against Covid-19. They can either submit to the shot or test those who aren’t jabbed at least once a week.
More than 130,000 businesses across the U.S. are bracing for the new rules, which will apply to roughly two-thirds of the private sector workforce. OSHA told CNBC it delivered its proposal to the Office of Management and Budget on Tuesday night.
“Every day, we see more businesses implementing vaccination requirements, and the mounting data shows that they work. Businesses and organizations that are implementing requirements are seeing their vaccination rates rise by an average of 20% or more to well over 90%,” Biden said in addressing the nation Thursday. “Let’s be clear, vaccination requirements should not be another issue that divides us.”
Oklahoma Gov. Kevin Stitt just announced that they will also take the Biden admin to court over their plan to impose a vaccine mandate on businesses with more than 100 employees. In a video message posted last Thursday, Gov. Stitt said that “this action is not just federal overreach; it’s unconstitutional,” and “getting the vaccine is a personal choice.”
“Getting the vaccine is a personal choice. Period,” Stitt said in the video.
“Static, one-size-fits-all mandates simply do not fit the reality we are in today. In Oklahoma, cases and hospitalizations are down nearly 50%. As this virus evolves, so does the science and the treatments available, including natural immunity.”
Stitt added, “President Biden’s administration has no respect for individual freedoms. I cannot believe we have a president who wants to force Americans to choose between a vaccine and their job. The people this is affecting aren’t just statistics. They’re real Oklahomans with real concerns. They’re brave nurses and caretakers. They’re expecting mothers and fathers. They’re first responders and brave law enforcement.”
Attorney General John O’Connor has also denounced the pending mandate.
“In the event, federal emergency rules are issued that place such an unlawful demand upon employers, our office will be joined by other state attorneys general across the country to quickly sue and seek an injunction against any implementation or enforcement” of a mandate, O’Connor said in a statement.
Some professionals don’t expect the states to win this battle.
OU Law professor Joseph Thai says he doesn’t think a lawsuit will go far.
“I don’t think Oklahoma has legal standing to challenge the federal vaccine mandate because the mandate targets individuals, not the state of Oklahoma, and so those individuals would have to raise their own challenges,” he said. “But Supreme Court case law going back more than a century basically has upheld the power of the government to mandate vaccines for public health.”
It looks like this case will come down to the Supreme Court. Two junior justices, Kavanaugh and Barrett have sided with the liberal justices, giving wide latitude under the federal government’s COVID emergency powers.
Though I hate to say it, I predict Professor Joseph Thai will most likely end up being right in the end. Only time will tell.
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