Nearly all Republican-led states have voiced their opposition to the vaccine mandate announced by President Joe Biden last week.
Many of them have vowed to fight the mandate in court, but have held back from voicing specific legal strategies because the details of the Biden administration’s policy remain unknown.
The mandate would require businesses with more than 100 employees to have employees either vaccinated against COVID-19 or tested weekly for the disease. According to Biden, it will be implemented through the Occupational Safety and Health Administration (OSHA).
Governors and attorneys general in at least 27 states, all Republicans, commented in opposition to the mandate. They all support vaccination in general and some of them even support vaccine mandates in private businesses. However, they largely oppose the notion that businesses should be forced to require vaccinations, especially by the federal government.
Arizona Attorney General Mark Branovich has already filed suit against the mandate, arguing that it violates the Constitution’s equal protection clause. The Biden administration is targeting mandatory vaccinations for US workers, but not requiring vaccinations of those brought in after being caught illegally crossing the southern US border, thus “unconstitutional bias” in favor of unauthorized aliens. in”, says Bronovich’s September 14 brief.
One of the most forceful statements opposing the mandate was from South Carolina Gov. Henry McMaster, who promised the Biden administration to fight “to the gates of hell to protect the liberties and livelihoods of every South Carolinian.”
Critics often called the mandate a power grab, federal redundancy, divisive, counterproductive, un-American and unconstitutional.
“I am 100 percent against this vaccine mandate because I believe it should be an individualized health care option,” Nebraska Gov. Pete Ricketts told The Epoch Times.
He acknowledged that there are other vaccines that are mandatory in different settings. But those vaccines are much more established, he pointed out, while those with COVID-19 have been around for less than a year and “have no time to disseminate information” about it.
In the experience of rickets, resistant health officials are distrustful of receiving the vaccine.
“They don’t know who to believe,” he said.
He blamed Dr. Anthony Fauci, head of the Centers for Disease Control and Prevention and the National Institute of Allergy and Infectious Diseases, “for his inconsistency and how he delivered the message.”
Fauci and others in the government have been inconsistent on a number of issues, including recommendations not to initially wear, and later to wear, masks and the percentage of the population that needs vaccination to achieve herd immunity. In the spring of 2020, when much of the country was under strict lockdown, officials refused to speak out against the mass protests and riots across the country following the death of George Floyd, a black man, during his arrest in Minneapolis.
Meanwhile, he criticized other gatherings and protests.
The mandate seems to ignore the different realities in different states.
Nebraska, for example, has the lowest COVID-19 death rate in the country, despite some restrictions.
“We never did a statewide mask mandate; We never ordered a stay at home. We’ve tried to manage it with as light a touch as possible because I believe in personal freedom,” Ricketts said.
Florida Gov. Ron DeSantis said he opposes mandates based on individual liberty to make medical decisions. But even if he supported it in principle, he would oppose Biden’s idea, he indicated during a September 13 press conference.
They explicitly included people with a particular mandate who already have COVID-19 and who, according to some studies, enjoy immunity that is better than that produced by vaccines.
“If you’re really following the science, you’ll adore this natural immunity,” DeSantis said.
He suggested that the mandate could also amplify the problems it claimed to alleviate.
One argument for the mandate is that non-vaccination needs to be carried out to reduce the risk of occupancy of hospital beds and the burden on the health care system.
But it’s not so much a problem of beds, but a shortage of staff, especially nurses, according to DeSantis, whose state has seen few hospitals with COVID-19 patients.
Given that a significant portion of health care workers refuse vaccines, how will the mandate help with the staff shortage, he asked.
“Are you going to sack all the nurses who are treating COVID patients or working at the moment?” he said. “And then, most of them, many of them likely already have COVID and they have recovered and have natural immunity. So it ends up having issues with the health system and probably exacerbates it dramatically. “
When it comes to the specifics of opposing the mandate, at least a dozen governors and attorneys general said they would sue. However, it is not yet clear what legal arguments they will make.
“The US Department of Labor and OSHA will have to enforce regulations on this, and then, we will have a better idea of attacking it from a legal standpoint,” Ricketts said.
“But we are thoroughly exploring all those opportunities and putting everything on the table.”
DeSantis’ press secretary, Christina Pusa, was similarly ordinary.
“We are looking at all legal options to protect the rights of employees, and Governor DeSantis encourages business owners to respect the rights of their employees to medical privacy,” she told The Epoch Times via email. .
According to George Mason University law professor Ilya Somin, issuing mandates through OSHA could be a viable way to attack the Biden administration’s authority.
Under the OSHA Act of 1970, the agency may apply an “emergency testing standard” in cases where it determines that “employees are at serious risk from exposure to prescribed substances or agents that are toxic or physically harmful or new hazards.” have to face.”
The administration can claim that COVID-19 falls under the category of “new threats”, but Somin questioned whether the disease is a new threat, as it has been around for more than a year and a half, and whether the statute is only ” Applies to “a hazardous substance or agent that is novel rather than a hazard of any nature”.
He further questioned whether COVID-19 poses a “grave threat” to employees, given that they can easily get vaccinated.
“Virtually any workplace activity poses a serious threat to at least some people if none of the latter in itself can be expected to take minimal precautions,” he said in a recent Reason op-ed. said in.
The governors or AGs of the following states have spoken out against the mandate: Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Missouri, Mississippi, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia and Wyoming.
This News Originally From – The Epoch Times