Is the federal vaccine mandate constitutional? Yes, and history says so

Courtesy of Elijah Nouvelage via Bloomberg.

With COVID-19 cases on the rise once again in the United States and a worrying plateau of vaccination rates, President Joe Biden announced a vaccine mandate for all federal workers and contractors on Sept. 9 (Associated Press 2021). The mandate did, however, also include an option for continued masking and weekly testing for those who cannot receive the vaccine due to medical or religious reasons. Moreover, the Department of Veterans Affairs issued a mandate for all frontline workers at its facilities, and President Biden urged military leaders to consider compulsory vaccinations in order to more quickly reach herd immunity. The mandate proposed by Biden has come under intense scrutiny from multiple Republican politicians and voters, who accuse it of being unconstitutional (Politico 2021). At the moment, the constitutionality of the mandate necessitates further evaluation, but historical decisions regarding vaccine mandates for other diseases potentially foreshadow its eventual approval from various courts.

Firstly, it should be noted that the federal government’s ability to mandate vaccinations is completely within its constitutional authority. The Supreme Court has upheld local and state mandates twice in U.S. history. In 1905, the Court reviewed the case of Jacobson v. Massachusetts, which centered around the plaintiff Pastor Henning Jacobson’s refusal to comply with a state law requiring residents to be vaccinated against smallpox following a localized outbreak. The Court sided with the state, affirming that the law was a legitimate exercise of the state’s power and right to ensure the safety of its citizens (“Jacobson v. Massachusetts”). 17 years later, officials in San Antonio, Texas prevented a young woman from attending a public school because she also refused to be inoculated against smallpox. Arguing that she was deprived of her 14th Amendment rights, the woman’s case continued to the Supreme Court, where they once again sided with the state. The final opinion of the Court noted that, like in Jacobson, it was within the police power of the state to enforce compulsory immunization in order to ensure widespread public health and safety (“Zucht v. King”). 

Although the federal government does have the constitutional right to mandate vaccinations, some provisions remain. Typically, the Department of Labor is only able to enact regulations under existing laws which Congress has passed; however, the Occupational Safety and Health Administration (OSHA), created in 1970, can issue an “emergency temporary standard” for businesses when employees are exposed to a “grave danger.” This standard exists because the federal government deems it necessary to protect employees from what can be categorized as such a danger (United States Department of Labor 1970). One potential caveat to this loophole is the question of whether COVID-19 can be classified as a “grave danger.” Fortunately, the OSHA does have the authority to determine what falls under that categorization, and its final decision cannot be overturned by courts (“Asbestos Information Association/North America v. OSHA” 1984). Thus, it will not be difficult for the Biden administration to establish COVID-19 as a “grave danger.”  The obstacle it will face is in regard to the necessity of the overarching standard (The New York Times 2021). Historically, courts have struck down about half of the emergency temporary standards issued by the OSHA (The Observer 2021). That being said, it will be interesting to hear how the administration plans to justify the mandate’s necessity.

One question that has risen in recent weeks is whether the OSHA has the authority to issue a vaccine mandate under the standard. Although the OSHA recently issued an emergency temporary standard related to COVID-19 policies, it only applied to the healthcare industry and did not mention a national vaccination effort (The New York Times 2021). If the OSHA issues another standard that applies to millions more Americans, it will likely receive more scrutiny. Mandate critics proclaim that it is well beyond the jurisdiction of the OSHA, arguing that only employers can legally combat public health and safety threats through mandates in the workplace. To them, receiving a vaccine would be considered outside of the workplace and therefore unconstitutional (The Washington Post 2021). Defenders of the mandate believe that the pandemic in and of itself will justify the external workplace argument (Los Angeles Times 2021). Regardless, the OSHA’s authority relies on such broad language that any court can comfortably decide whether or not a vaccine mandate falls within their jurisdiction.

The constitutionality of President Biden’s federal COVID-19 vaccine mandate will draw continued debate until more courts begin to review it. Given that the Supreme Court has approved previous vaccine mandates, the hail of lawsuits filed across the country will almost certainly prove fruitless (Associated Press 2021). Although these lawsuits may prove to have legal challenges, the Biden administration appears to be prepared, evidenced by invitations for his challengers to “have at it” (The Washington Post 2021).

88 Comments

  1. Simply put….02% of Americans have died from Covid making any mandate unconstitutional because there is no public safety threat evidenced by statistics. Period.

    • Dude that’s still about 666,000 people. That would be the equivalent of the entirety of Washington DC dropping dead over the course of two years. In other news, an estimated 31% of Americans have been infected with the virus at one point, and that’s just the cases we know about. Even small-looking percentages represent massive numbers when over 330 million people live in your country. And if everyone infected with the virus needs to die in order for it to be classified as a “public safety threat” then our definition of that is pretty messed up. I’m tired of wearing a mask everywhere, not being able to live normally, and watching this country shoot itself in the foot. Yall may not like Biden’s decisions but it is an objective fact that his administration has done much more to fight the virus than the previous one, and has contributed A LOT to ending this stupid pandemic.

      • Amen!!!! Thank you someone else who sees what I do..my mother died from this she is 1 of 700000..we are supposes to be in this together…and we aren’t….

        • So sorry about your Mom.

          On the legal issue, SCOTUS will push down hard on that 700,000 number, and will likely arrive where CDC is; ie annual recorded deaths actually due to COVID are more in the range of eg, 50-70,000, at most.
          FYI: This is the amount which the CDC admits is the true death rate from COVID…aka about the same # as annual flu deaths. Also, thus far, recording flu deaths are nominal since COVID started…vs what they usually are annually. So, it will also be argued that COVID itself has an even lower death rate since “regular” flu deaths eg all but disappeared during 2020, and nobody has explained that yet.
          See CDC website.

          • Flu deaths were down in 2020 because a majority of Americans were wearing masks,practicing social distancing and avoiding crowded indoor places

          • Yeah, you are right, only about 700,000 people dead within 18 months. And think of all those that didn’t die… i’m sure glad we have people like you debating this issue about public safety
            CDC States there were 736,000 deaths in the US attributed to COVID-19 in 2020 and 2021 of that 90% had COVID-19 as the only cost the rest were underlying conditions aggravated by COVID-19, this is on the death certificates.
            Flu deaths average anywhere from 20,000 to 60,000 in the worst seasons. Any reputable scientifically backed website will say that deaths from COVID-19 were 5 to 7 times greater than for the flu.

      • In Jacobson vs Massachusetts SCOTUS affirmed a states police powers under the 10th Amendment. No such provision exists for the federal government in the Constitution. A President of the United States has no Constitutional authority to compel the citizen to take a vaccine as a condition of employment. The Constitution does not go into slumber mode when there is a pandemic. Whether you choose to live normally or not, is your right enshrined in the Constitution.

        • BINGO!
          Gotta love though how our puppet propaganda media + corrupt legal (former) scholars are nonetheless telling the Sheep that Biden can do it & its Constitutional….by conflating Court Opinions that allow States to mandate eg Smallpox vaccines (which eradicate illness) w the Feds rights to mandate vaccines that do nothing of the sort!

        • Biden required all FEDERAL employees and contractors that provide their services to our government to be vaccinated. Since when is it in the best interest of the common good to prevent policies and regulations from being made to keep the majority of its citizens working and living in a world that provides for safe working and living environments? This is a world wide heath pandemic not just your run of the mill cold.

          • So tell me so I can understand. The so called vaccine doesn’t stop people from getting the virus and it doesn’t stop people from spreading the virus. Please tell me why is it being pushed so hard? Biden is a clown! It’s called Medical Freedom. It doesn’t matter if you’re vaccinated or not. You still can get it and spread it how does that make any sense at all. As I type this I have Covid. My daughter caught it from her Vaccinated Friend. She ended up giving to the family. Kind of feels like the Common cold , 100.2 temp and head ache, running nose. This is what the world is going crazy about? I never wore a mask and never stopped working. Now we catch it from a vaccinated person. It’s not a vaccine! Vaccine prevents and stops the spread. This is Gene Therapy. I refuse to take it!!! This is 100% crock of crap and the sheep will follow. The CDC also stated Actually Covid deaths in the U.S.A. is 19,000. The rest had Covid but die from cancer, car crash’s, heart attacks,,,, you should get the point. This shit Fauci Funded isn’t going anywhere. If you feel better getting something you have no idea what it will do that’s on you. Stop thinking you know the vaccine ( Gene Therapy) is perfectly fine. The people who created don’t even know what it will do. You people are incredible to want to force something that doesn’t do what it they are saying. You have no idea what it will do to you and others in the future. You’re Lab Rats for the Bill Gates Foundation. Good Luck but don’t be that person who believes only what the rich tell you is ok.

          • I have worked thru this pandemic with no time off
            Our company had only 4 reported cases. We came to work everyday. Received no compensation pay. So why now?

      • Issue A those numbers are up for debate and questionable. Odd how few died of the flu last year as compared to ANY OTHER YEAR IN HISTORY…
        Issue B the vaccine is ineffective in actually stopping anyone from getting it spreading the disease…so why mandate it
        Issue C where is the proof in the vaccines true and long term effect on my health. Shots that have been around for years are still questionable. This was pulled out in a matter of months.
        I advise everyone to use due diligence in investigating the US constitution as well as its FDA requirements I’m proving toxic chemicals. It’s sets the bar extremely low to use them and high to ban them. If you believe the government is out there watching out for your best interest, start digging the facts out. Just like Facebook, not everything you hear, especially from government officials is true or factual and rarely investigated. Biden is lip service. Sorry

        • It’s not odd in the slightest that the flu dropped dramatically last year. The flu is a communicable disease that spreads in much the same way as COVID, but it’s less contagious. The flu dropped in comparison to normal years, when none of the precautions against COVID were in place and when people were routinely encouraged to go to work sick rather than having many workplaces require people to stay home if they had so much as a runny nose. The schools, a notorious spreader of infectious disease, were also closed for most of the year and a record number of people got flu shots.

          Of course the flu didn’t spread as much. We’ve never had a year in which so many people took anywhere near such drastic measures to prevent the spread of communicable disease! It would be very weird if the flu DIDN’T drop dramatically given all of those factors.

        • No vaccine can be guaranteed to stop any virus but it helps. It also stops people from getting severely ill or hospitalized and greatly reduces the risk of dying.

          Few died of the flu because of social distancing, quarantine, and masking genius

          There is already proof in the long term effects on the effect of your health from getting Covid. Are you getting adverse health effects from the measles shot, Rubella, tetanus? I doubt it.

          ‘Start digging for facts’ while ignoring every FACT the vaccine is the best chance helping people

      • “OR TO THE PEOPLE”

        The government may compel citizens to receive a vaccination subsequent to its proffer of “probable cause.”

        That you like it, doesn’t make it constitutional.

        Americans have the absolute right to be “secure in their persons,….”

        That right shall not be violated, but upon probable cause.

        4th Amendment

        The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
        ______

        10th Amendment

        The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

        • No one is forcing anyone to get vaccinated. That is what none of who are yelling about the Constitution do not get. You can choose to go work at a place that has less than 100 people, OR get tested every week if your company decides to go with that. You personally are not being forced to get the vaccine. If you don’t want it, then you will just have to go work for a company that has a testing program. Plain and simple.

          • Your an idiot!!! My husband loves his job in health care.. Why should He have to look for another job. The hospital he works for was not going to mandate and are being forced. They are already understaffed. Half of their employees already said they are not getting the vaccine and they can fire them. They do not want a test jabbed weekly up their nose either. They were fine to work during the pandemic without a vaccine. Now they are being forced.. I would worry more about undestaffed hospitals than Covid..

      • One only needs to account for the total people employed that are citizens, minus those that have already had the virus (acquired antibodies) and other criteria age, etc.

        ** Not total people in the country.

        The vaxed also need to be required to wear a mask if unvaxed must wear a mask. One can still get and give covid19 even if vaxed or already had covid19. Stop treating unvaxed as less safe. The vaxed have an efficacy % that varies over a period of time and with a short enough time-frame to be considered not effective.

        • Best post I’ve seen today!!! Everyone needs to know these facts!!! I know several who were fully vaccinated and still got a bad case of COVID!!! When will the blinders come off those who believe these shots are saving lives???

          • People believe the shots are saving lives BECAUSE THEY LITERALLY ARE. Look at the stats and the vast overwhelming number of hospitalizations and deaths happening in the US are the unvaccinated.

      • Actually, you need to fact check your data. More Americans have died under Biden than under Trump and the vaccine had only begun to be distributed the last two months prior to Trump leaving office. Additionally, there are thousands more who have died from the vaccine. There are over 500,000 who have had serious adverse reactions and thousands disabled, all from the jab.

        ** The vaccine was created under thevTrump administration.

        So what has the Biden regime “done more of” or “better than” under Trump:
        1. Terminated American jobs of those who refused the jab?
        2. Forced people to take a jab they don’t want in their body? And unconstitutional violation of individual’s rights?
        3. Forced citizens to wear masks?
        4. Fought states on mandatory mask on children? Even outside?
        5. Vaccine mandates cards: Creating dual citizenship and more political division?

      • Look at the average age of death. It is beyond the average life expectancy. And this article has it wrong, the scotus held up the states right to mandate something not the federal governments

      • Well, everything was giving to biden by the past adminxtration to stop the virus, more have died sence he has been in office under his leadership than thae past adminstration, this is what they want open your eyes,ive myself have had people die from these shot. And have seen none from the virus alone and where are all of these cases they use to show on t.v if the cases are rising because this year starting in januaru we have had cases in our area but there has been no cases in i.c.u so whats up, look the unvaccinated are not sick so tell me WHERE does it come from the VACCINATED so stop pushing this and yes our bodies ,( stop killing babies)!!! Show me in the actually constitution that it is written that o.s.h.a has the right to intervene?!!!!

      • This administration were the ones who created the virus , who created this pandemic to fatten their pockets . It’s called gain of function! The goal is To test how gullible we are. They want to control your lives. The future will be ruled by the technocrats. If this “medical establishment “ really wanted to save peoples lives, they would embrace any and all things that could work to fight the virus. They’ve been vilifying every alternative treatments claiming that there’s no evidence that it could work. To just take the vaccine! Come on , it’s not nap time. Wake up ! We’ve been hijacked by big pharm and the medical technocrats. It’s not about protecting your health or the citizens. They want people to die, we are over populated. Less people will “ fix the economy “

      • Sorry the survival rate without vaxx is 99..7. this is not about covid. Also people vaxxed r getting it. So why get it. It’s experimental.And no child should get it. If this is so bad then no baseball game football no casinos no flea market bars just stay the f ick home. It takes years to develop a vaxx. I am a daughter if a WW2 veteran. So please don’t anyone ever ask me for a pass. That’s communism. Wtf up

    • All i know if they are really doing this mandates for a safety concern? they should stop produccing drugs or alcohol that kills on a Daily basis. any competent Adult should decide what to take or not.

    • Then why don’t you go and talk to the 700000 people that have died from it families…my mother being one of them..this is danger and it is constitutional..it is imminent threat to society..there are people dying everyday from this…
      .

      • Sorry to hear that. My mother survived after 2 month long ordeal in the hospital. That being said, those who want protection, should get vaccinated and thus be protected. Those who do not want it should be able to choose so. Clearly sick people (vaccinated or not), shouldnt be allowed into groups. But I dont think that putting sticks into someones noses(if they dont want to) to determine if positive is an acceptable screening procedure. Also, turns out that high percentage of vaccinated gets sick(Israel), and can transmitt, so where is justification for vaccine mandates if vaccines arent that effective. Also, if they are effective, vaccinated shouldnt worry. Only issue is large percentage of unvaccinated, if they get sick to stress the healthcare system. But we should be past that. It would be very strange if the virus has not circulated through the population already, it is in the population for too long.

        • And they can choose. No one is forcing people to get a vaccine. However, if you work in healthcare and pose a risk to those whose health you are responsible for, then you will need to go find another job. It is a simple as that.

          • You being vaccinated or unvaccinated you pose the same to risk, period. If you are vaxxed you still spread apparently according to all current studies. No not less if your vaxxed not more.

          • We are not able to choose. I do not work in health care. I’m an engineer working for a government contractor in the defense industry. For the most part, I am able to do my job from home posing a risk to no one. This week I have been forced to choose between vaccination or termination as a result of Biden’s nationwide executive order. I am not a fan of the dictate now, explain later strategy here. Biden’s and OSHA’s heavy handed, constitutionally questionable actions should not remain unchecked.

        • And in addition to your comment, Biden is requiring those in the healthcare profession and all other professions with employee > 100 to be jabbed or terminated. That in itself will cause healthcare crisis for anyone seeking any type of healthcare.
          This has caused some employers to take it another level:
          1. Threaten to take retirement or pension from employee(s) refusing jab.
          2. Military to be AWOL and loss of pension and insurance for refusing jab.
          3. Military loss of retirement for refusing jab.

          • Best post I’ve seen today!!! Everyone needs to know these facts!!! I know several who were fully vaccinated and still got a bad case of COVID!!! When will the blinders come off those who believe these shots are saving lives???

      • If u believe the vaccine is effective. Then u taking it should be enough for you or anyone else. My refusal to take it should not jeopardize u. Correct? So y push ur personal opinion or desires upon anyone else.

        • Most of the people clogging up the hospitals are the unvaccinated and there is proof that the vaccines work. So if you choose not to get one you are putting other unvaccinated people at risk this is deadlier than the flu or a common cold. If you weight until you get covid it may be to late for you and to late for regrets.

          • This is directly from the CDC’s website.
            “ A person is considered fully vaccinated against COVID-19 ≥2 weeks after receipt of the second dose in a 2-dose series (Pfizer-BioNTech and Moderna) or ≥2 weeks after receipt of the single dose of the Janssen vaccine. CDC has developed interim public health recommendations for fully vaccinated people . Administration of an or a booster dose is not required to be considered fully vaccinated for public health purposes. People who have a contraindication to vaccination or who otherwise do not complete a primary vaccination series are not considered fully vaccinated.”

            When you say that most of the people clogging up the hospitals are the unvaccinated, are you taking into account those that have only had one dose may be included in those numbers? If one dose has been taken and not the 2nd dose; that person is very much considered to be unvaccinated as someone taking no doses at all.

          • You are crazy! Covid is a hoax! Open your eyes, what would be the objective of government desiring this so badly? Big pharm should not be trusted based on a ton of evidence. Everything they produce causes other health issues down the road. Only a non thinking zombie would take this vax.

        • The unvaccinated are jeopardizing everyone. Overwhelming hospitals until other patients can’t get care. Increasing the odds of new more infectious and/or deadlier variations. Threatening people who immunodeficient and can’t get vaccinated or are still at greater risk even with the vaccine. I only wish the antivaxxers foolish choices only affected them.

      • Sorry u lost you mom. My mom and Dad both died, my Dad when I was 12, neither of COVID.
        1st the number is no where near 700,00. If u believe any stat that comes from a completely corrupt govt then you are naive.
        Even if your number were correct it gives you no right to violate my constitutional rights.
        Bottom line if you believe in the vaccine and you are vaccinated the unvaccinated aren’t a threat to you and it’s not your concern if they choose to risk their life

      • Yes people r loosing there jobs. They r being forced to take this experimental drug. U shouldn’t have to loose your job or not be able to enter a restaurant. America is land of the free. Not Nazi America. Congress is exempt and I can assure you the pres did not get it. The rich r not getting it. There is no emergency so why is this continuing. The vaxx gas killed alit of people. And I say anyone who vaxxes a child is committing abuse

      • I am very sorry bout your Mom. My Mom had alsheimers. I still miss her very much. And I am sorry bout the others. But who do u think put this on man. The entities that run the World. Our government has done bad things to people since day one. I have a feeling Spanish flu was in made. They have used us as guinea pigs. And there bit done yet. The World is is reaching it’s limit. There r more people dying cancer and heart why haven’t they made a vaxx for that. Who’s making the money off this

    • Couldnt agree more and SCOTUS will side w you.

      Fyi, the title of this Article is, per usual, misleading and incorrect. A more accurate (but far less intriguing title) would be, eg: “ Maybe, But Will Be UpHill Battle Under Current Legal Landscape” or even “Dont Bet On It With Current SCOTUS!”

      (Ie, US law is that States can mandate around vaccines but if fed govt wants to, it will have uphill battle proving its truly necessary…And the science does not support this view – given very low covid death rate +other treatments available + fact that covid vaccine doesn’t prevent transmission of virus + its experimental/has no long term studies + has many risks side effects, etc….)

      • Low COVID-19 death rates, are you talking about 736,000 people that have died in the last two years, directly related to COVID-19? 5 times more deadly than influenza. Look at a dozen reputable studies that have been done.

    • Couldnt agree more and SCOTUS will side w you.

      Fyi, the title of this Article is, per usual, misleading and incorrect. A more accurate (but far less intriguing title) would be, eg: “ Maybe, But Will Be UpHill Battle Under Current Legal Landscape” or even “Dont Bet On It With Current SCOTUS!”

      (US law is that States can mandate around vaccines but if fed govt wants to, it will have uphill battle proving its truly necessary…And the science does not support this view – given very low covid death rate +other treatments available + fact that covid vaccine doesn’t prevent transmission of virus + its experimental/has no long term studies + has many risks side effects, etc….)

    • This article is silly, it says that the FEDERAL government has the authority, then gives two former cases that went before the Supreme Court ruling in the STATES favor, NOT the FEDERAL GOVERNMENT, but, the State. The 10th amendment is clear.The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

      • Exactly! This article is comparing oranges to pineapples. In the case of Texas, for example, whose governor has issued a mandate forbidding ANY entity (including the federal government) from requiring the shot, the State has the law on its side in the 10th Amendment. The federal government has no authority over such things – constitutionally, this is clearly the individual state’s responsibility and decision.

    • I agree. Death is an uncontrollable aspect of being alive. Insisting that death can be reversed is assinign. Fully vaccinated people DIE too! People die everyday. One shoe doesn’t fit all.
      Mandates seem to be creating a “different kind of death”!
      Government ignorantly, looking for the proverbial needle in a haystack, and causing dangerous RAMIFICATIONS along the way. Government trying to CONTROL to the extent of HARM, is counterproductive. I understand the current conflicting-thought-process, but sometimes Nature must takes its course. And, human bodies need to be respected.

      • 100% AGREE.
        What I don’t understand is why “We” THE PEOPLE vaccinated or not; Can’t for some reason or another RESPECT thier each other’s believes about the Vaccine (regardless of it being effective or not).
        And as Kathy mentioned, WE-Humans,plants,pets, EARTH among other living things that we may not know of;—such as space. All that is LIVING has it’s time and it’s place. We. HUMANS are so scared and terrified of DEATH. That we try to elongate our lives as well as those of others. With or without a Vaccine to my knowledge you can still become infected with COVID and die. With or Without a vaccine you may or may not survive. The point is that DEATH is unavoidable and we should all start getting acquainted to a reality that we can not avoid. And start making PEACE with each other, and simply accept that death is a part of life even if it hurts. That is why forgive those whom you hold resentment towards and make peace with your insecurities and get your SHIT in order before your time comes so you may be better able to handle a TRUTH and a REALITY that is UNAVOIDABLE.

        • This is exactly what I’m talking about, these “vaxers” are very bullyesque when you want to get an opinion or share a view that is not in alignment with getting the vaccine. They know everything there is to know! Its strange because they just dont stop then the cronies come in it lynching time… They want us divided and that’s the facts and between allowing the illegals and the virus the entire country is up in arms with each other rather that those who are starting the trouble. At first I didn’t think that the amount of illegals was that damning and then like overnight our entire town is completely overrun by them, and they have no steak in the game they are not going to stand up against the tyranny … they just got here,they aren’t gonna rock the boat and the virus is equally as clear (I am not prejudice these are facts)

    • Actually history says NO. Do a little research here guys. The OSHA law has only been used 6 times in its history. On four of those occasions the SCOTUS stopped them for federal government over reach, the 5th time it partially blocked it. The only time it went through without a problem was asbestos and we all know that constitutes a present danger to employees. Even Biden said it was unconstitutional! I guess the writer of this article missed that comment or chose to ignore it.

      • They have been using corporations as loopholes for years to impose what they need, for example drug testing is a violation of your constitutional rights. When the DARE program and the Reagan administration wanted to impose drug testing it simply went right to the payroll companies (RDP) proposed some nice breaks if they require the companies that use their services to drug test employees that they would cut the cost by 20%* or so… and that’s the stick they tried waving this time too… but RDP cant take anymore breaks…. either way this is very uncool, and we the people should be working together so that our politicians in our territory bring our message to the congress… and no more gambling with your ppl!

    • Yeah, you are right, only about 700,000 people dead within 18 months. And think of all those that didn’t die… i’m sure glad we have people like you debating this issue about public safety

    • People who have had the virus are more immune to the virus than the people are getting vaccinated it’s all a big political joke. People have died but many more have survived. For the elderly and handicapped evacuated I think is a very good idea and of course those who wish to. The CDC says someone like myself who has had the virus is 13% more unlikely to spread the virus and unlikely to catch the virus versus somebody who has been vaccinated. I do believe it’s up to the individual not the federal government because this is a free country. As the abortion advocates say my body might choice you know when they kill a unborn child

  2. Actually, the mandate is unconstitutional. Side-stepping the law by requiring OSHA to make the covid vaccine required for employers with over 100 employees will also not hold water. OSHA authority will be shot down in courts quickly. Bottom line, the federal govt does not have the power to mandate Covid vaccines. The constitution doesn’t allow for a lot of flip flopping. Biden is not the ruler of this country, he is an employee of the US citizens. To think that Biden has the power to enact this mandate is laughable at best.

    • The OSH Act of 1970 does not give OSHA any power to mandate a vaccine. It has only enacted and emergency 10 times since its inception and nearly every one of those were block by the courts with the reminder being watered down until expiration.

  3. The author mis characterizes several of the court holdings of the Supreme Court and fails to understand very basic principles of constitutional law. First, the SCOTUS upheld states rights to enact vaccine mandates under the 10th amendment. This does not give the federal government the power to enact vaccines rather it held that states have 10th amendment police powers to enact mandates. The federal government has to point to an enumerated power every times it acts. There is no medical or health enumerated power – that is why the CDC can only offer guidelines and not rules or mandates and why the federal government cannot force a vaccine mandate.

    • You are correct.. In Jacobson vs Massachusetts SCOTUS affirmed a states police powers under the 10th Amendment. No such provision exists for the federal government in the Constitution. A President of the United States has no Constitutional authority to compel the citizen to take a vaccine as a condition of employment.

  4. In Jacobson vs Massachusetts SCOTUS affirmed a states police powers under the 10th Amendment. No such provision exists for the federal government in the Constitution. A President of the United States has no Constitutional authority to compel the citizen to take a vaccine as a condition of employment.

  5. The OSH Act of 1970 does not give OSHA any power to mandate a vaccine. It has only enacted and emergency 10 times since its inception and nearly every one of those were block by the courts with the reminder being watered down until expiration.

  6. Being vaccinated can be a health risk in itself. If you are vaccinated you can still get the virus and spread it there are people that can’t get it cause of major health issues we have been battling for years. If your vaccinated you can have the virus not know it and pass it on this is where the problem lies I am about to have some major health treatments that will make me even more immune compromised and if my health care worker has the virus and don’t know it they can unknowingly pass it on to me now your question will be then why don’t you get vaccinated and I will put it as simply as I can. I already had Covid and recovered took me months but I recovered so technically I should have the immunity to fight it off again and getting the vaccine takes that away also there are known side effects of this vaccine that causes things I have been fighting for over 10 years now so why would I put something in my body that will make it worse no doctor can assure me it won’t there’s a risk. So now I have to make a decision on if I will let a doctor to a surgery on my that might save my life or take the chance of the doctor having the virus not knowing it and passing it on to me during surgery and ultimately killing me so maybe set back and open up to all the issues that are truly at hand here instead of jumping to thinking everyone that is refusing the vaccine are anti vaccine when they very well could be trying to safe their own life and their immune compromised family members life not not unknowingly getting it and passing it on to them. It does come down to our body our choice just like women can choose to have abortions as a means of birth control when there are other options. So if I have to get a test before a surgery or procedure to make sure I don’t have the virus then all members of my surgical staff should too right. RIGHT. Medical freedom of choice is being taken away little by little and so many don’t even see it.

    • 100%Agree with you Connie.
      This ahouldn’t be a FIGHT amongst vaccinated folks vs unvaccinated folks. We should all learn to respect each others bodies, beliefs, and we should all learn to make peace with that and support each other instead of bashing on one another. What ever happened to the primary rules….keep your hands and feet to yourself, RESPECT, LISTEN, BE TRUTHFUL & HONEST.
      I don’t understand why the GOV. Or anyone in general, now a days can’t be Transperant and Honest. The more one hides the more people start losing faith in whom ever is leading the country along or anyone for that matter.
      Can’t we all just get along?

      • Even if the Doctor s been vaxxed or the nurses they can still get it. 1 year ago I had to have major operation and I had to put those swabs up my nose 6 times or they would not operate. I don’t trust the swabs. They have graphene oxide and it says right on package.Thats crazy Doctors have that hypacratic oathe. What a joke. Praying your surgery goes well. And I did have covid also .A month after they removed part of my lung. I say no to vaxx mandate

  7. 100%Agree with you Connie.
    This shouldn’t be a FIGHT amongst vaccinated folks vs unvaccinated folks. We should all learn to respect each others bodies, beliefs, and we should all learn to make peace with that and support each other instead of bashing on one another. What ever happened to the primary rules….keep your hands and feet to yourself, RESPECT, LISTEN, BE TRUTHFUL & HONEST.
    I don’t understand why the GOV. Or anyone in general, now a days can’t be Transperant and Honest. The more one hides the more people start losing faith in whom ever is leading the country along or anyone for that matter.
    Can’t we all just get along?

  8. I couldn’t care less what ruling the Supreme Court upheld. Mandates are not constitutional.

    1. Case law is not constitutional law
    2. The 1905 ruling used the word “necessary,” and this so-called “vaccine” is not only not necessary but it has the highest mortality rate of any vaccine in history.
    3. People are not guinea pigs to be used for experimentation

  9. Everyone likes to site the Jacobsen case. The Jacobsen case was a state mandated vaccine, not a federally mandated vaccine. The Constitution gives public health authority to the state, not the federal government. So for the President to issue a mandate of this magnitude is indeed unconstitutional.

  10. No one is forcing anyone to get vaccinated. That is what none of who are yelling about the Constitution do not get. You can choose to go work at a place that has less than 100 people, OR get tested every week if your company decides to go with that. You personally are not being forced to get the vaccine. If you don’t want it, then you will just have to go work for a company that has a testing program. Plain and simple.

    • Why should I have to leave a` job that I like due to a personal choice and for my own well being? The vaccines are not working that is a fact, I know in the past couple of months a few people that were vaccianated now have COVID. Me nope. My job can be done 100% remotely which I have done over the past year. Why do I need the vaccine which will cause me more harm or even death? Why is my job tied to a vaccine when I am a good employee, never call in sick, should up for every meeting, do my job and one of the top performers? If I get sick or die from the vaccine is my employor going to pay my medical bills or compensate my family if I die permaturely from an experimanetal vaccine? Can my employer be charged for murder? I am now looking for another job so sad as I have not been there long and really like my job and the company, but I will not compromise my health and well-being for an experiment. I believe we should be able to make our own choices and be able to work from home if we choose not to get vaccinated. Most of us did this during the pandemic. Why is working from home an issue at this point. If you choose to get vaccinated that is your choice, the people who have already had COVID really do not need the vaccine as they are already immune to this. Why can’t companies accept the antibodies test as proof they have the same antibodies that the vaccine states they give you?

  11. My only concern is that I have 2 years to retirement, and all of this makes me nervous. I will be curious to see how my company remains open, and who will be back on Biden’s Dole the first of the year; 2022.?

  12. Sorry the survival rate without vaxx is 99..7. this is not about covid. Also people vaxxed r getting it. So why get it. It’s experimental.And no child should get it. If this is so bad then no baseball game football no casinos no flea market bars just stay the f ick home. It takes years to develop a vaxx. I am a daughter if a WW2 veteran. So please don’t anyone ever ask me for a pass. That’s communism. Wtf up

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