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Thursday, September 9, 2021

Biden's Norm-Shattering Vaccine Mandate

                                                           
President Joe Biden on Thursday announced a norm-shattering series of executive orders that would impose vaccine and testing mandates not just on federal workers and federal contractors but on every business in the United States with over 100 employees.
 
  
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September 09, 2021
 

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President Joe Biden on Thursday announced a norm-shattering series of executive orders that would impose vaccine and testing mandates not just on federal workers and federal contractors but on every business in the United States with over 100 employees. In addition, workers at health facilities that receive federal Medicare or Medicaid also will have to be fully vaccinated. According to the calculations of the Associated Press, this amounts to somewhere around 100 million Americans.

To put that in context, there are around 147 million employed people in the United States, so Biden is unilaterally issuing a mandate over 68 percent of U.S. workers. It's a truly breathtaking power grab. Under our federalist system of government, state governments have traditionally enjoyed the general authority to enact laws "to provide for the public health, safety, and morals" of the states' populations. The federal government had a very limited role, largely confined to the ability to issue quarantines to stop the interstate spread of an epidemic and the use of its spending power to twist the arms of states into adopting measures favored by Congress and the president. No one, until now, has seriously proposed that a president has the authority to impose a national vaccination mandate on his own.

The economic effects of the mandate will, of course, depend in part on whether it can withstand the inevitable legal challenges. At this point, that seems doubtful. We know from the experience of the eviction moratorium that the Biden White House is willing to issue executive orders even when it knows they are most likely beyond the scope of the executive's legal authority. And the lack of any close precedent or direct statutory authorization will surely count against the order in the eyes of several Supreme Court justices. But there's plenty of precedent for pliancy from the judicial branch when it comes to executive actions in situations the courts deem emergencies, so it is difficult to rule out the possibility that at least a few of the Republican-appointed justices will give the mandate a pass. Certainly, all the Democrat-appointed justices will.

Another question is whether the mandate will win compliance from businesses and workers. There are a significant number of Americans who object to the vaccines as a matter of conscience, some of whom object to taking vaccines developed using research from stem cells descended from unborn children aborted decades ago. That covers both the Pfizer and Moderna vaccines. The other vaccines have even more direct connections to fetal stem cells, putting them off-limits. History and political theory suggest that it is not a good idea to put people's obedience to the law in direct conflict with their conscience and religious commitments. Indeed, our constitutional order is in part structured to avoid creating such conflicts. Widespread resistance, including walkouts and vaccine strikes, would be highly disruptive to the U.S. economy. Perhaps this can be avoided if significant religious exemptions are allowed or if people are satisfied with the idea of being tested weekly instead of undergoing vaccination.

Of course, widespread vaccination would be good for the economy because fewer people getting sick, fewer people dying, and fewer people being vulnerable to the virus means more production, more consumption, and a better chance of restoring some level of normalcy to our daily lives. So it is possible that if the vaccine mandates were to survive legal challenges and avoid civil disobedience, there could be economic gains. But that should not be taken as a vindication of the mandate. The trampling on the limits of presidential power and individual conscience would be too high of a price to pay for a few more points of GDP. If Biden were better at his job, if he were able to inspire respect rather than express contempt for the folks Hillary Clinton infamously called the Deplorables, no one would even be considering a mandate.

Alex Marlow & John Carney
Breitbart News Network

 
 

TOP STORY

 
Joe Biden Will Try to Impose COVID Vaccine Mandate on All Businesses with 100 or More Employees
WASHINGTON (AP) — President Joe Biden on Thursday is announcing sweeping new federal vaccine requirements affecting as many as 100 million Americans in an all-out effort to increase COVID-19 vaccinations and curb the surging delta variant that is killing thousands each week and jeopardizing the nation's economic recovery. The expansive rules mandate that all employers with more than 100 workers require them to be vaccinated or test for the virus weekly, affecting about 80 million Americans. And the roughly 17 million workers at health facilities that receive federal Medicare or Medicaid also will have to be fully vaccinated. Biden is also signing an executive order to require vaccination for employees of the executive branch and contractors who do business with the federal government — with no option to test out. That covers several million more workers. [Click here for more]
 

IN OTHER STORIES...

NYTimes OpEd: Labor Shortages Are Good for the United States
A shortage of workers is an advantage for the United States because it ensures wage raises and productivity gains, an op-ed in the New York Times said. "The labor scarcity we're experiencing is real … this is an opportunity, not a crisis," David Autor, a professor at the... [Click here for more]
 
Jobless Claims Fall by More Than Expected as Enhanced Benefits End
The number of Americans filing new claims for unemployment benefits dropped to 310,000 in the week prior to the end of the pandemic boost to payments, the Department of Labor reported Thursday. Economists had forecast 344,000 new claims, which would have been an increase of 4,000 over the prior week's preliminary estimate. That week's claim was revised up to... [Click here for more]
 
Nolte: Box Office Still Down Nearly 75% from Pre-Pandemic 2019
"The 2021 summer box office was unlike any ever seen, defined more by a still-raging pandemic than by the blockbusters that graced the big (and small) screen," reports the far-left Wrap. "But as the season ended with Labor Day weekend, it's clear that a lot of progress has been made by studios and ailing movie theaters — but there's still a long way to go, as year-to-date totals remain 72% behind 2019." Nothing's more fascinating than watching the sycophantic media cover the box office. Depending on the day, it's either... [Click here for more]
 
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