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Clearly, President Joe Biden is not chastened by the Supreme Court smackdown he got just a couple of weeks ago, when the justices invalidated the eviction moratorium that even administration officials acknowledge was patently lawless right before Biden reissued it. Quite the opposite. Biden has used COVID as his salvation when he hits bottom. Yet, Trump made the vaccine possible - not Biden - he has done nothing.
The administration is similarly well aware that the national vaccine mandate that the president is poised to issue is unlawful. White House Chief of Staff Ron Klain made the obvious explicit by retweeting a progressive commentator’s observation that the ploy of imposing the vaccine requirement as a workplace-safety rule under OSHA (the Occupational Safety and Health Administration) is the “ultimate work-around.”
The president knows that an executive order mandating COVID vaccination would be shot down instantly, so he’s trying to camouflage it in a maze of Labor Department regulation. Even on that score, the gambit cannot be justified. OSHA is trying to evade the Administrative Procedure Act’s requirement of a regulatory commentary period by slamming the vaccine dictate through as an “Emergency Testing Standard.” It has been nearly 40 years since OSHA tried that trick . . . mainly because the courts struck it down, on an asbestos regulation, in 1983. In a sensible world, where the originalist interpretation of the Constitution governed, Biden’s move would be patently unconstitutional. Congress has no overarching public-health authority.
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