Sunday, September 26, 2021

Courts will rule against Biden over vaccine mandate penalty: Alan Dershowitz

Harvard Law School professor emeritus Alan Dershowitz said courts would agree that the federal government has the authority to enforce the COVID-19 vaccine mandate, but would argue that the rules and penalties cannot be enforced.

President Joe Biden said last week that he would direct the Occupational Safety and Health Administration (OSHA) that employees of companies with 100 or more workers must either submit to weekly testing or receive a COVID-19 vaccine. White House officials have said fines will be imposed on those who do not follow the rule, which will affect about 80 million private sector employees.

“No. 1, is this something the federal government can do compared to the states?” Dershowitz told Newsmax. “States have police power. The federal government does not have police power. The powers of the federal government are to be derived from the text of the Constitution.”

It is likely that the courts will say that the government can enforce the vaccine mandate, but will argue that it is only Congress that can order penalties and fines, he said.

“I think the courts will say that the federal government has power because it is a national issue across state lines. It is not limited to the states. It is contagious,” Dershowitz said. “I think they would say that this In the event that the science supports it, there may be exceptions to compulsory vaccination.”

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But such mandates are “generally removed to the legislature in our system of government, so I think the courts will focus on that issue first and say that the president has no authority to do so without the authorization of Congress.” Maybe,” Dershowitz said.

“You can’t say it’s an emergency,” he continued. “This problem has existed since the first day of the Biden administration, and it will continue to exist on the last day of the Biden administration because we are not going to see the end of COVID.”

Dershowitz said: “We are going to see COVID becoming like the flu. Seasonal different variations, different vaccinations, so it should not be done under emergency. This should be done under ordinary Congress power.”

When mandates are handed out to companies under Biden’s order, Dershowitz said it will be “a big pay day for lawyers,” who will file multiple lawsuits on behalf of businesses and other entities.

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“There will be individuals who will be fired, and they will sue immediately,” he also remarked. “There will be companies—and I know there are some already who have said we refuse to comply with this mandate—and we have companies and states that have indicated they are going to sue.”

Jack Phillips

senior reporter

Jack Phillips is a reporter at The Epoch Times in New York City.


This News Originally From – The Epoch Times

Courts will rule against Biden over vaccine mandate penalty: Alan Dershowitz
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