OSHA mandate shouldn't survive judicial review

Granted, who can trust the courts anymore. But I did a lot of searching and finally found someone who was able to break down the merits of why it won't last. The whole article is a really good read.

Congress didn't give OSHA authority to mandate vaccines

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Congress did not place vaccines within OSHA’s purview. OSHA is establishing the vaccine mandate through an “emergency temporary standard.” This highly unusual process allows OSHA to bypass public notice and comment. Federal agencies, including OSHA, typically must submit major rules to public scrutiny before finalizing them.

Congress tasked the Department of Health and Human Services with determining the safety, efficacy, and appropriate use of vaccines. Congress authorized the Food and Drug Administration to determine whether vaccines should be allowed in interstate commerce. It empowered the Centers for Disease Control and Prevention to recommend who should receive such vaccines.

Congress did not give HHS the authority to impose a general vaccine mandate. While HHS has regulatory jurisdiction over vaccines, it has no power to impose a general vaccine mandate. If it had, the president would have directed HHS to tell employers to require their workforces to be immunized.

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If Congress had authorized a mandate, it would not have encrypted it and concealed it in an obscure subsection of the OSHA statute. Congress does not, as then-Supreme Court Justice Antonin Scalia wrote, “hide elephants in mouseholes.”

In charging ahead with a legally dubious mandate, the Biden administration is repeating a familiar pattern. Last summer, the CDC renewed an eviction moratorium that faced certain judicial doom. The agency nevertheless issued the moratorium on Aug. 3. The high court enjoined it on Aug. 26.

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It's also explained that the Supreme Court decision in 1905 in favor of vaccine mandates supports the right of an individual states to mandate a vacccine and confers no authority to the federal government. Fake president Biden knows this and is simply putting these rules out to pressure companies to force it on their own while it takes a few weeks to get struck down. Dems are really turning people against them more and more.