Because of President Biden’s strict vaccine mandate, Americans are giving up their jobs, military heroes are facing dishonorable discharges, cities are losing desperately-needed first responders, already-strained hospitals and businesses are facing even worse staff shortages, unions are filing lawsuits, the supply chain is breaking down, and it’s rumored that resistance by airline pilots is largely responsible for hundreds of flights being canceled. All of that chaos is caused by the President’s wrongheaded and authoritarian actions that even he once swore he’d never take.
But for all the suffering and turmoil Biden is causing with his dictatorial vaccine mandate policy, one question remains: Where exactly is that policy?
It doesn’t actually exist. At least not in any official form. He said he was going to order OSHA to make such a policy, but he’s yet to sign an executive order, so OSHA has yet to make the rule, and all these businesses are just enforcing what they anticipate OSHA might tell them to do. As Joy Pullman at the Federalist observes, there is no policy or order or OSHA rule: there’s nothing but press statements.
The legality of this all gets very tricky. The White House is treating this as an “emergency temporary standard,” but those can be challenged in court, and only one of the 10 ETS’s that have been issued in the past 50 years has been upheld. Once it’s actually issued, the lawsuits will hit, so we’re currently seeing all this upheaval due to nothing but a press announcement of Biden’s intention to issue an order to OSHA to make a rule that would likely be overturned in court.
In short, we have a complicated system in place to defend Americans’ rights, and this White House is doing an end-run around it and employers are just going along with it. We’ll see how long they continue to go along if the resistance to it among a large number of their employees continues to hold…
And if entire states refuse to play ball.
Whether you favor vaccine mandates or not, you should hope that this effort to exert such extreme control over American citizens and private businesses without constitutional authority fails because if it succeeds, imagine what other freedoms we’ll soon lose based on nothing more than a threatening press release.