Joe Biden, in order to completely get rid of a virus that will never go away, has decided to implement a vaccine mandate whether you like it or not. If you fail to do what he says, you shall be banished from civil society.
Old Joe has always pushed the envelope from leader of the free world to despot. Now, he has crossed the line. But can he legally do it?
The Speech
The Plan
This is a six step plan to “protect” everyone from the China virus.
Vaccinate the Unvaccinated
The Department of Labor’s Occupational Safety and Health Administration (OSHA) is developing a rule that will require all employers with 100 or more employees to ensure their workforce is fully vaccinated or require any workers who remain unvaccinated to produce a negative test result on at least a weekly basis before coming to work. OSHA will issue an Emergency Temporary Standard (ETS) to implement this requirement. This requirement will impact over 80 million workers in private sector businesses with 100+ employees.
This is probably unconstitutional.
- It is my understanding the OSHA may not be a Constitutionally valid organization. Their function is vague and broad and they may not have the abilities to enforce what Old Joe wants to do. In fact, the OSHA director this weekend couldn’t see how OSHA could actually do what Joe Biden wants.
- The federal government may not have the authority to force businesses to fire employees for not being vaccinated. More on that a little later because people are pushing the precedence of Jacobson vs. Massachusetts as a way the government can push this. That’s a bunk analysis as we will see that the precedence down not apply here.
- It forces people to take the vaccine and, if they don’t, your cancelled. That can’t be Constitutional.
Requiring COVID-19 Vaccinations for Over 17 Million Health Care Workers at Medicare and Medicaid Participating Hospitals and Other Health Care Settings.
Not sure about this one. I just want to point out these essential workers worked throughout the pandemic without a vaccine. Now, they can get fired for not taking the vaccine? That just seems immoral.
Calling on Large Entertainment Venues to Require Proof of Vaccination or Testing for Entry.
Probably not an issue since it isn’t a mandate. If he mandated it, it would be the federal government forcing private businesses to behave in a certain way and that would be unconstitutional. It also is a violation of a patient’s privacy. That is uncontitutional. Roe vs. Wade, which the Left wants to keep in place, can be used as precedence.The sci
Requiring Employers to Provide Paid Time Off to Get Vaccinated.
This could be an issue for small buinesses and, because its mandated, might be unconstitutional. A lot of medium to big businesses already do this. Again, this is being placed on OSHA which might not be legal or within their purview.
Further Protecting the Vaccinated
This is the non-scientific and, frankly, stupid part of his six step process. It is part of the terrible messaging of this administration when it comes to the vaccines. Don’t I already have protection if I’m vaccinated? Why get the vaccine if it doesn’t work? It’s really stupid.
Providing Easy Access to Booster Shots for All Eligible Americans.
And
Ensuring Americans Know Where to Get a Booster.
Couple of problems here:
- Boosters have been talked about but they are not FDA approved.
- We already have a great vaccination program. I know where to get my shots. There’s nothing to change here.
- The science is out on memory cells (I think these are called T-cells). One may not have the RNA antibodies in them but memory cells store the blueprint for dealing with viruses it’s seen before. It’s possible we may not need boosters.
Keeping Schools Safely Open
Here comes the politics. Gota keep those teacher’s unions happy.
Requiring Staff in Head Start Programs, Department of Defense Schools, and Bureau of Indian Education-Operated Schools to be Vaccinated
- Again, not sure this is Constitutional. I don’t think the federal government can force private school, even ones that get tax breaks and government subsidies, to be vaccinated.
- I’m pretty sure most federal law does not apply to Indian reservations.
Calling on All States to Adopt Vaccine Requirements for All School Employees.
I have no problem with this. Teachers (especially from the unions) were bitching and moaning about not teaching because the thought they wuld all die from the China virus. Screw them. They need to get the vaccine.
Still, probably not Constitutional.
Providing Additional Funding to School Districts for Safe School Reopening, Including Backfilling Salaries and Other Funding Withheld by States for Implementing COVID Safety Measures.
Seriously, how much more money do these f-ingpeople need? They haven’t worked in a year, their funding has almost doubled and, now, they need more money?
Just stupid.
Using the Department of Education’s Full Legal Authority to Protect Students’ Access to In-Person Instruction.
I think this one is completely unconstitutional and we have talked about this one before.
This states that if there is one child in a classroom (which means all classrooms across the country) then all the children must wear a mask.
No.
Getting Students and School Staff Tested Regularly.
You know, we never did this with the flu. Why do this now?
Providing Every Resource to the FDA to Support Timely Review of Vaccines for Individuals Under the Age of 12.
You know what the science is? We know very little about these vaccines. As far as I’m concerned, any kid under the age of 18 should not get the vaccine. Hell, I think young people under30 with no pre-existing conditions shouldn’t get the vaccine. We just don’t know the side effects yet.
Also, if I’m a parent, I don’t want the federal government telling me how to take care of my kid.
Increasing Testing and Requiring Masking
This is just stupid and unscientific. only N-95 or KN-95 masks work. Period. Those crappy cloth masks and surigical masks, that we wear all day and probably don’t wash, don’t work.
If you can smell my fart while wearing a mask, the mask ain’t working. That is science.
They also want to double fines for interstate travel and not wearing a mask. Like to see how they’re going to enforce that. This is all a power play. Bend the knee.
Protecting Our Economic Recovery
My first question to the Biden administration is, “What economic recovery?”
New Support for Small Businesses Impacted by COVID-19.
Promises, promises, promises. They have been saying that for two years now and most small businesses (now closed) didn’t see a dime. This is just another reason for the government to raise taxes again.
Streamlining the Paycheck Protection Program (PPP) Loan Forgiveness Process.
See above.
It also might be a tricky-dick way of pushing for univerals basic income and sneaking in student loan forgiveness. We need to see what it’s going to do but this is prbably unconstitutional.
Launching the Community Navigator Program to Connect Small Businesses to the Help They Need.
Again see above.
The one thing we can say about the government during this disaster is that they’re been no help. Need evidence? Walk through the Carlsbad Mall and see how small businesses have been helped.
Improving Care for Those with COVID-19
Increasing Support for COVID-Burdened Hospitals.
I am still waiting for a list of those COVID-burdened hospitals. Last I heard they were all at 90% capacity which is normal and several hospitals that were reported overburdened, weren’t.
Getting Life-Saving Monoclonal Antibody Treatment to Those Who Need It.
I think they’ve been trying to do this from day one. This is not a God-the-government-had-a-good-idea.
Expanding the Pool of Health Care Professionals Providing Treatment by Deploying Federal Monoclonal Antibody Strike Teams.
Are they trying to federalize doctors? That’s not good.
Again, we already have a great vaccination setup. We do not need to invent the wheel again. If they come up with a great solution…great! Replace the current vaccine at the sites that are already set up. But there is one thing to remember: There will be people who still won’t want to take it. And do you know what? That’s OK. It’s available. If they don’t take it, it’s on them.
https://www.whitehouse.gov/covidplan/
Jacobson vs. Massachusetts
There is one Supreme Court precedence that people are looking to that would make the despot Joe Biden a
The Case
Massachusetts was one of 11 states that had compulsory vaccination laws.[1] Massachusetts law empowered the board of health of individual cities and towns to enforce mandatory, free vaccinations for adults over the age of 21 if the municipality determined it was necessary for the public health or safety of the community.[2] Adults who refused were subject to a $5 fine.[2] In 1902, faced with an outbreak of smallpox, the Board of Health of the city of Cambridge, Massachusetts adopted a regulation ordering the vaccination or revaccination of all its inhabitants.[2]
Cambridge pastor Henning Jacobson had lived through an era of mandatory vaccinations back in his original home of Sweden.[3] Although the efforts to eradicate smallpox were successful in Sweden, Jacobson’s childhood vaccination had gone badly, leaving him with a “lifelong horror of the practice”.[3] Jacobson refused vaccination saying that “he and his son had had bad reactions to earlier vaccinations” as children and that Jacobson himself “had been caused great and extreme suffering for a long period by a disease produced by vaccination”.[2] Jacobson believed that his family may have some sort of hereditary condition that made the smallpox vaccine particularly dangerous.[3] Because of his refusal to get vaccinated, Jacobson was prosecuted and fined $5 (about $150 in 2020 dollars).[4][5] Over the next three years until his case reached the Supreme Court of the United States, Jacobson argued that subjecting him to a fine or imprisonment for neglecting or refusing vaccination was an invasion of his liberty, the law was “unreasonable, arbitrary and oppressive”, and that one should not be subjected to the law if he or she objects to vaccination, no matter the reason.
The Ruling
From Wikipedia:
Justice John Marshall Harlan delivered the decision for a 7–2 majority that the Massachusetts law did not violate the Fourteenth Amendment.[2] The Court held that “in every well ordered society charged with the duty of conserving the safety of its members the rights of the individual in respect of his liberty may at times, under the pressure of great dangers, be subjected to such restraint, to be enforced by reasonable regulations, as the safety of the general public may demand” and that “[r]eal liberty for all could not exist under the operation of a principle which recognizes the right of each individual person to use his own [liberty], whether in respect of his person or his property, regardless of the injury that may be done to others.”[2]
Furthermore, the Court held that mandatory vaccinations are neither arbitrary nor oppressive so long as they do not “go so far beyond what was reasonably required for the safety of the public”.[2] In Massachusetts, with smallpox being “prevalent and increasing in Cambridge”, the regulation in question was “necessary in order to protect the public health and secure the public safety”.[2] The Court noted that Jacobson had offered proof that there were many in the medical community who believed that the smallpox vaccine would not stop the spread of the disease and, in fact, may cause other diseases of the body.[2] However, the opinions offered by Jacobson were “more formidable by their number than by their inherent value” and “[w]hat everybody knows, … [the] opposite theory accords with the common belief and is maintained by high medical authority.”[2] Therefore, it was left to the legislature, not the courts, to determine which of the “two modes was likely to be the most effective for the protection of the public against disease”.[2] No one could “confidently assert that the means prescribed by the State to that end has no real or substantial relation to the protection of the public health and the public safety”.[2]
Finally, the Court acknowledged that, in “extreme cases”, for certain individuals “in a particular condition of … health”, the requirement of vaccination would be “cruel and inhuman[e]”, in which case, courts would be empowered to interfere in order to “prevent wrong and oppression”.[2] However, the statute in question was not “intended to be applied to such a case” and Jacobson “did not offer to prove that, by reason of his then condition, he was, in fact, not a fit subject of vaccination”.
Not the Same Thing
There are a bunch of problems with this case:
- Smallpox had a 30% death rate, especially in children. COVID has a .02% death rate and it is unheard of in children.. Sorry, folks, that’s science and statistics.
- The smallpox vaccine was approved and has been used for about 120 years. They have not tested the China virus vaccine for even a year. We have no idea what the side effects are. My ball could fall off in a couple of years, who knows?
- The biggest problem with using this precedence is that applies to a state, not the federal government. If Florida tells the federal government to kick rocks on this Executive Order, guess what the Supreme Court is going to say. State has the authority here.
Conclusion
This is a power grab. It’s tyrannical. It’s despotic. Joe Biden is trying to become a dictator.
That speech was disgusting. He was shaming people for not having the vaccine. He was pitting the vaccinated and the unvaccinated. He was stirring hate and polarization. But that’s what the Left does.
Problem: most people don’t care (or, at least, shouldn’t care). I’m vaccinated. I don’t care if you’re not. That’s your problem.
I understand why you don’t get the vaccine. OK, good for you. But I ain’t wearing a mask. It’s not my responsibility to worry about what you do or don’t do. I can only worry about me and my family. Nobody else. It’s not my responsibility or my children’s responsibility to worry about someone else.
Finally, do the vaccines work or not? If they do, why do I need to worry about the unvaccinated? If they don’t, why is the government forcing people to take it? And, in the last year and a half, when did masks work? There has been no evidence (or even research) that masks ever worked.
Finally, if the world is about to end because of the China virus, why are so many Democratic politicians not wearing masks in crowded, public events?
This is about the people bending the knee. These six steps apply to a lot of people but not the elite (politicians, unions, the famous). They know better than we do and if we don’t think so then we will be banished. No job, no social events and continued ridicule.
You know what I say? No! I’m done.