Public Health

If the CDC Can Impose a Nationwide Eviction Moratorium, Why Can't It Impose a Nationwide Vaccine Mandate?

It could, if it actually had the vast public health powers that the Biden administration claims it does.

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President Joe Biden this week implored Americans to "please get vaccinated now" against COVID-19, saying "it's a patriotic thing to do." The New York Times reports that "top health experts say that it is simply not enough." Biden's critics think "the president needs to take the potentially unpopular step of encouraging states, employers and colleges and universities to require vaccinations to slow the spread of the coronavirus."

Notably missing from that list of suggestions: an executive order telling the Centers for Disease Control and Prevention (CDC) to consider imposing a nationwide vaccine mandate. According to the argument that the Biden administration has deployed in defense of the CDC's nationwide eviction moratorium, such a mandate is within the agency's statutory power. Yet the Times says "Mr. Biden's options to be more aggressive are limited." Even if he were inclined to unilaterally require vaccination, according to the Times, he does not have the authority to do so. "For the most part," it explains, "the power lies in the hands of states, employers or private institutions."

Prior to last September, when the CDC first ordered landlords to continue housing tenants who claim they cannot afford to pay their rent, that gloss would have been uncontroversial. But the eviction moratorium, which the CDC recently extended until the end of July, is based on a reading of the Public Health Service Act that could easily encompass a vaccine mandate.

That law authorizes the secretary of health and human services to "make and enforce such regulations as in his judgment are necessary" to prevent the interstate spread of "communicable diseases." A regulation delegates that authority to the CDC, which argues that it justifies overriding rental contracts across the country, because evicted tenants might become homeless or move in with other people, thereby increasing the risk of virus transmission. The Biden administration has endorsed that position while defending the moratorium against challenges by landlords and property managers.

According to the Department of Health and Human Services (HHS), U.S. District Judge Dabney Friedrich noted in a May 5 decision that rejected its interpretation of the law, "Congress granted the Secretary the 'broad authority to make and enforce' any regulations that 'in his judgment are necessary to prevent the spread of disease' across states or from foreign countries." If the indirect and disputed relationship between evictions and COVID-19 transmission was enough to justify the CDC's moratorium, the direct and indisputable relationship between inoculation and disease control surely would be enough to justify a CDC order requiring vaccination.

The plaintiffs in the case that Friedrich heard, Alabama Association of Realtors v. HHS, made that point when they asked the Supreme Court to lift a stay on her order blocking enforcement of the eviction moratorium. The CDC, they noted, believes the Public Health Service Act "bestowed upon it the unqualified power to take any measure imaginable to stop the spread of communicable disease—whether eviction moratoria, worship limits, nationwide lockdowns, school closures, or vaccine mandates." In its response, the Biden administration said the Court "need not consider whether [the statute] would authorize" measures "such as 'vaccine mandates.'" But given the vast authority claimed by the CDC, that possibility is completely plausible and definitely worth considering.

Last August, then-President Donald Trump issued an executive order that told the CDC to "consider whether any measures temporarily halting residential evictions of any tenants for failure to pay rent are reasonably necessary to prevent the further spread of COVID-19 from one State or possession into any other State or possession." The CDC did consider it, and the result was its September 4 order requiring a "temporary halt in residential evictions to prevent the further spread of COVID-19." By the same logic, Biden could issue an executive order telling the CDC to consider whether a federal vaccine mandate is "reasonably necessary to prevent the further spread of COVID-19."

Biden has not issued such an order, and it seems unlikely that he will—not just because of the political ramifications, but also because he has implicitly conceded that the CDC does not have the sweeping power his administration claims it does. During his campaign, you may recall, Biden repeatedly promised that, if elected, he would require all Americans to wear face masks in public places. But two months before the election, supposedly after consulting with "our legal team," Biden admitted that the president does not have that power.

On January 21, Biden issued executive orders that resulted in face mask requirements on federal property and in transportation systems, including airports and commercial aircraft. He did not tell the CDC to consider a general face mask mandate, even though the interpretation of the Public Health Service Act that his administration has been defending in court would authorize such a policy.

There are sound reasons to doubt that the CDC actually has the power to require vaccination, starting with the fact that it has never done so. In fact, HHS conceded that the CDC's authority under the Public Health Service Act "has never been used to implement a temporary eviction moratorium" and "has rarely [been] utilized…for disease-control purposes." Given this history, the plaintiffs in Alabama Association of Realtors argue, "the government's recent claim 'to discover in a long-extant statute an unheralded power to regulate a significant portion of the American economy' should be greeted with a healthy 'measure of skepticism.'"

The statute itself provides additional reasons for skepticism. Immediately after authorizing disease control measures, it mentions these examples: "inspection, fumigation, disinfection, sanitation, pest extermination," and destruction of infected or contaminated "animals or articles." It then refers to "other measures" deemed "necessary." According to the CDC, that phrase encompasses pretty much anything plausibly related to disease control. But according to Friedrich, two other federal judges, and the U.S. Court of Appeals for the 6th Circuit, "other measures" in this context refers to policies similar in kind to the specific examples, which an eviction moratorium is not.

The Public Health Service Act goes on to authorize quarantine of disease carriers and "examination of persons reasonably believed to be infected." Under the CDC's interpretation, those paragraphs, like the earlier list of disease control measures, are gratuitous and inconsequential. If the CDC is right, Congress might as well have stopped after the first sentence of this section, which authorizes regulations to prevent the interstate spread of contagious diseases. But the fact that Congress did not stop there suggests it did not mean to give the CDC the broad power the agency is claiming.

"A broad construction of this authority may permit CDC to issue regulations requiring vaccination in circumstances that would prevent the foreign or interstate transmission of COVID-19," the Congressional Research Service notes in an April 2021 report. But it adds that the references to specific disease control policies "could suggest a narrower reading…that limits the authority to issue 'necessary' regulations to measures related to quarantine or other similar public health measures."

While Friedrich favored that "narrower reading," the U.S. Court of Appeals for the D.C. Circuit disagreed. When it declined to lift the stay on Friedrich's order, it said "the CDC's eviction moratorium falls within the plain text" of the Public Health Service Act.

Although the Supreme Court declined to intervene, four justices dissented, and Justice Brett Kavanaugh wrote a concurring statement saying Friedrich was right that the CDC "exceeded its existing statutory authority by issuing a nationwide eviction moratorium." Kavanaugh was not yet prepared to enforce the rule of law, but he warned that he might change his mind if the CDC extended the moratorium again, which the CDC has said it does not plan to do.

Here is how the situation stands: The Biden administration maintains that the CDC has virtually unlimited authority to control communicable diseases, while the president himself seems to think that authority somehow does not extend to mandating face masks or vaccination. And although at least five justices seem to think the CDC does not have the power it claims, the Supreme Court nevertheless left the eviction moratorium in place. Despite all the debate about what the law actually says, it ultimately did not matter.

NEXT: The Capitol Police Will Open Offices in the States To 'Investigate Threats to Members of Congress'

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  1. So, will we climb onto the boxcars willingly, or will we be forced to?

    1. CDC Press Release: “These boxcars are necessary to prevent the spread of a virulent disease.”

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      2. … And if that doesn’t get popular opinion

        CDC Press Release: “These boxcars are necessary to prevent the climate from changing?”

    2. We will be going door to door to get people into the boxcars.

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    3. Personally, I plan on being tossed into a ditch first.

      1. Seriously, when that happens you have to wonder; just how different would the average American be from the average German citizen 1933-1945? Sure, it all fun to go on about “resistance” when there is no risk in it, but when the round up starts, “heroes” will be as rare as hens teeth.

        1. Well, to be sure, on the other hand, Germany had really strict gun control from after the war to end all wars.

          The Treaty of Versailles included firearm reducing stipulations. Article 169 targeted the state: “Within two months from the coming into force of the present Treaty, German arms, munitions, and war material, including anti-aircraft material, existing in Germany in excess of the quantities allowed, must be surrendered to the Governments of the Principal Allied and Associated Powers to be destroyed or rendered useless.” Article 177 further banned all civilian use of firearms, any civilian instruction on their use, and any civilian shooting exercises activity, especially banning all organizations or associations from taking part in any such use and/or activity or allowing it to happen, in order to crush down on perceived Prussian militarism of the German people in general.

          1. And that worked out really well for the victims of their CRT campaign.

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        2. Germany also required health passports.

        3. I’m not sure about that.

          They were disarmed and had no historical examples of what would happen if they got in the boxcar.

          Americans are well armed and know exactly what the boxcar is for.

          1. At least a number of us are armed, and you are probably right that a good faction would put up a fight if they saw it coming; nonetheless, when push comes to shove I suspect a good number of our fellow citizens will go with whomever looks like they are holding the cards as the “safer” option. And of course turn in others as proof of their devotion to the State.

            Let us hope it never comes to that, but as they say hope for the best but prepare for the worst.

      2. Probably the dumbest thing I’ve read from a media outlet in my life, and that’s saying something! Short answer, you can’t mandate vaccines for the same reason we can’t madate abortions or you being castrated. As much as it might be for the greater good, your body your choice. Though, and I’m sure you’re unaware, your questioning this makes you 100% more of a fascist than Trump. Seriously, what an idiot. Don’t tell your parents you wrote this or they’ll wish government mandated abortions existed when you were born. Unless you’re China. Wait, are you China?

    4. Better the democrats be deposited en masse into landfills by the dump truck load. Our rights are infinitely more valuable than their lives, if those lives are used to infringe on our natural rights.

      Anything that happens after that is justifiable self defense.

    5. I don’t support mandatory vaccinations, but if you haven’t gotten vaccinated at this point and you don’t have a legitimate medical reason for it, you are an irresponsible selfish asshole.

      1. Haha. This is why you lefties are so lovable.

        Fuck off.

      2. My legitimate medical reason is I’m not letting anything be injected into me that was so hastily brought to market with the promise of a large financial reward for doing so. Give it another 9 – 12 months and I may reconsider if 1) there is sufficient legitimate data to assess any intermediate-term negative affects and 2) there is still a national need. I’m not an anti-vaxer but I am cautious.

        1. You don’t exist because you’re useless in pushing forth the Nazi take-over of the USA.

      3. It’s NOT a vaccine. It’s an RNA modifying agent being pushed into people and the results are disastrous.
        So go ahead and take yer kill shot.

        1. It’s a vaccine that uses rna to make healthy cells grow the spike protein the virus uses to enter cells on their surface so the immune system can attack the pathogen. It is quite effective against the original virus, but like all vaccines, it has side effects, some of which may yet be undiscovered.

          1. Exactly. It’s those “undiscovered” side effects that concern me the most.

      4. This is precisely why the solution is not mandates or carrots but a stick. Medicare and medicaid tell doctors and hospitals there will be no reimbursements for any [big long list] of covid symptoms that have put people in hospital – for anyone over age 12 who hasn’t been vaccinated. Which means insurance companies would likely follow.

        At minimum, this big long list would be exactly what is needed to inform the particularly stupid that this ain’t just the fucking flu. And would stop the freeloading basis for going anti-vax.

        1. What about the vaccinated who still get covid? Or what about the morbidly obese? They have chosen to place themselves at higher risk to a myriad of health issues. Are they denied health coverage? Or otherwise penalized by the government?

          1. Or what about the morbidly obese? They have chosen to place themselves at higher risk to a myriad of health issues. Are they denied health coverage? Or otherwise penalized by the government?

            For now, and historically, you are correct that people have the right to be morbidly obese. Their body, their choice afterall…however…if healthcare becomes a “right”, a consequence of that would be people caring a lot more what other people do to their bodies because it costs them directly for the poor choices of others. So I would fully expect to see “fat” taxes or something & while we’re at it, I would expect to see smoking penalties as well.

            Positive rights spells total destruction for individual rights. Of course for Obama, Hillary and others, this is a known feature, not a bug.

      5. My body, my choice.

  2. But the eviction moratorium, which the CDC recently extended until the end of July, is based on a reading of the Public Health Service Act that could easily encompass a vaccine mandate.

    Do tell about the ‘easily’ part. The moratorium, obnoxious as some may find it, has a shelf life. The vaccine mandate, not so much. Never mind the ongoing litany of bad news stories about the jab.

    1. The people gave the Feds the authority for the “Public Health Service Act” where???

  3. President Joe Biden this week implored Americans to “please get vaccinated now” against COVID-19, saying “it’s a patriotic thing to do.” The New York Times reports that “top health experts say that it is simply not enough.” Biden’s critics think “the president needs to take the potentially unpopular step of encouraging states, employers and colleges and universities to require vaccinations to slow the spread of the coronavirus.”

    President Boe Jiden this week implored Americans to “please get armed now”, saying “it’s a patriotic thing to do.” The Yew Nork Times reports that “top experts say that it is simply not enough.” Jiden’s critics think “the president needs to take the potentially unpopular step of encouraging states, employers and colleges and universities to require firearms to slow the spread of unfortunateness.”

  4. Bah c’mon senile Joe is always consistent and his admin always knows how to cover up the potholes.

  5. It appears Sullum may be having second thoughts about his campaigning for Biden/Harris (i.e. by writing hundreds of screeds demonizing Trump).

    1. That is not my impression at all.

    2. Of course. Anyone writing something critical of Trump must necessarily be pro-Biden. The logic is perfect.

      1. He supported Biden you moron.

        1. As well as a good 80% of the Reason writers.
          It is quite baffling how so many writers of a self-proclaimed libertarian magazine can support voting for known National Socialist supporters (def; Nazi).

        2. The article I found said he either intended to not vote at all or vote for Jorgensen: https://reason.com/2020/10/12/how-will-reason-staffers-vote-in-2020/

          Their coverage during the Trump years was very critical of Trump and you can argue that helped Biden (although I question if Reason has any influence outside of weirdo libertarians, and we spend all our time shitting on it anyways) but there’s no indication he was actually a Biden supporter unless he just straight up lied about it which I guess is possible.

          Now that I’ve kind of sided with Jeff I’ll be spending the rest of the day drinking heavily in the shower.

  6. On principle, I don’t see how any libertarian could push for vaccine mandates, which are as far from respecting individual rights as I can think. Those that are vaccinated, or who have recovered from covid (you gonna make them get the jab too?) have immunity, why would they care if someone else isn’t vaccinated? If you’re not vaccinated now, you clearly accept the risk.

    On the merits, the disease is not deadly for healthy people, whatsoever. There is no reason for them to get the vaccine and it can be argued there is more downside than up with all of the side effects the vaccines seem to cause.

    Sullum really is a statist POS.

    1. On principle, I don’t see how any libertarian could push for vaccine mandates, which are as far from respecting individual rights as I can think.

      Maybe you haven’t seen Ron Bailey declare the very air we breath to be a part of the public commons that, coincidentally, falls into a tragedy of the commons that must be upheld and protected for the common good.

      1. I haven’t seen that, but unfortunately I am not surprised.

    2. > On principle, I don’t see how any libertarian could push for vaccine mandates, which are as far from respecting individual rights as I can think.

      Sure, I fully agree. However, on principle, those who have not been vaccinated don’t have the right to send their children to public schools. This is the argument I make to anti-vaxxers. This is fully in accord with libertarian ideology. Public schools shouldn’t even exist, but if they do taxpayers should not be funding the education of actively endanger public school children by refusing to vaccinate their children against rubella, pertussis, and other potentially deadly diseases. They can go start their own disease farm schools, but they can’t force my children to interact with their children. I am in full support of all private schools and day cares to require vaccinations for their clients’ children.

      Now back to COVID. I don’t see it as any different. If a private business wants to put up a sign saying “no shirt, no shoes, no vaccine, no service” then they have every right to do so. It is NOT a violation of your rights. Kids can’t get COVID vaccines yet, but their parents can, and while I don’t agree with public schools, I disagree even more with the idea that my child has to be forced to interact with your child. Who knows what filthy viruses he brings in from his filthy unvaccinated home? You can accept your own risk, but don’t you dare force your risk upon me.

      This is where the hyper-individualists get it wrong. They are not islands. Their actions affect those around them. They can’t wish externalities away into the cornfield. Herd immunity is an actual thing. It’s settled science. You do not get to do whatever you want any time you want, because your actions affect other people.

      You have to right to impose your risks onto others. And you know this. Which is why you are so desperate to pretend that COVID is no big deal, even those “healthy people” have actually died from it. You have the right to your own opinions, you do not have the right to your own facts. And the fact is that COVID is a dangerous contagion.

      1. “Who knows what filthy viruses he brings in from his filthy unvaccinated home? You can accept your own risk, but don’t you dare force your risk upon me.”

        Children are at more risk from the flu, but whatever.

        If herd immunity is settled science, what is the threshold for Covid?

        If you’re confident in the immunity you have, why do you care if someone else isn’t vaccinated? That seems inconsistent to me.

        Yes, Covid is no big deal for healthy people, though *some* have died from it.

        1. > If you’re confident in the immunity you have, why do you care if someone else isn’t vaccinated? That seems inconsistent to me.

          Standard Anti-Vaxxer line. It’s as old as Jenny McCarthy’s nail polish.

          The answer is that NOT EVERYONE CAN GET VACCINATED. Legitimately can’t get vaccinated. People like toddlers, some elderly, and other reasons. So people who can get vaccinated but refuse to over stupid tribal reasons just lower the herd immunity until infection starts spreading again.

          We saw this in Australia where we thought we had wiped out polio. Then people stopped getting polio vaccines because they have yuge anti-vaxxer movement there, and suddenly there’s some polio cases again. Or here in America where trendy lefty anti-vaxxers contributed to an outbreak of pertussis, the vaccine for which is standard for every school aged child. Except those trendy lefty parents refused to vaccinate their kids.

          So I am confident for myself, I am NOT confident for those unvaccinated children or those unvaccinated elderly (not every old person can get hte vaccine) or those who are immunocompromised or those who may have temporary or permanent issues preventing vaccination or those who have genuine religious (not political) reasons not to accept medicines of any kind, etc., etc.

          1. The answer is that NOT EVERYONE CAN GET VACCINATED.

            Which has nothing to do with any of your previous rationalizations on why the unvaccinated can’t be allowed access to public life.

            If someone can not get vaccinated, why do they trump? Why does ‘I can’t get vaccinated’ become ‘everyone must accommodate me’?

            My house doesn’t have a wheelchair accessible bathroom – so why do we not mandate that all homes must meet ADA standards? Homes are sold to people in wheelchairs?

            Why do we use visual materials – we should all be required to do everything in Braille too.

            No more fireworks either – someone somewhere might have PTSD.

            And don’t forget to put your pronouns in your bio.

            If I see you drowning in a puddle I have no legal obligation to assist, indeed, if I did I could open myself up to a civil suit. So its not a long-standing legal standard here – we have no duty of care towards strangers.

            So, I’m asking you, under what ‘libertarian’ principle are we willing to kill people for not taking actions to protect others?

            Remember – you’re not saying we should be good people and do this for others. You’re saying the state should enforce this. The state enforces under threat of death. Why are we willing to kill the vaccinated to protect those who can’t get vaccinated?

          2. “The answer is that NOT EVERYONE CAN GET VACCINATED”

            This is BS. If one doesn’t have the vaccine by now it’s because they chose not to get it. Therefore, they accept the risk of covid infection and possible death, however remote the chances are of the latter.

            Children are not at risk from covid, period. And if you’ve been paying attention, *some* healthy children have died or been seriously injured from the vaccine, which is a shame since they have a statistical zero chance of serious illness from covid. Again, all downside for them in getting the vaccine.

            You didn’t answer the settled science of herd immunity–what is it for covid?

          3. I’m going to need some numbers on how many toddlers have died of COVID. It’s extremely dangerous to the immuno-compromised, including the elderly, but toddlers?

            1. You could easily look it up for yourself, now or at any time in the nearly 1.5 yes its been since this started. Since you haven’t, everyone just assumes you’re a clueless moron trying to make a point they know nothing about. That’s not even to say you’re right or wrong, just that you’re a lazy idiot.

      2. Your supposition that I’m filthy and am bringing disease into your home is not rational. It’s a neurosis, and it’s from this neurosis, NOT SCIENCE, that our COVID response has sprung. You are in greater danger of dying in a car accident or from falling in your home than you are from potentially, maybe contracting a virus from god only knows whom (because there is not way to tell exactly who is spreading) and then maybe, MAYBE dying from it.

        If you are that concerned about your child contracting a virus that they statistically have nearly zero chance of contracting, much less dying from, then YOU send them to a clean room scenario school.

        Don’t force your anti-human medieval fears on ME.

        1. Today, in July, the risk of death from COVID has dropped down to number seven. It’s still high, but at least there are seven other things worse than COVID. And it’s still higher than automobile deaths (which aren’t in the top six).

          However for several months is was indeed the NUMBER ONE KILLER in the US. For a while more people were dying of COVID than were dying of heart disease and stroke and diabetes.

          Holy shit, even Trump got himself vaccinated. Why can’t you?

          1. Did I SAY I wasn’t vaccinated? No.

            What I said was: you are a neurotic, who wants to subject me by force to that neurosis.

          2. This month in another deep dive into numbers, another California county reduced covid deaths by more than 20%

            Youre a statiat. You exchange freedoms for the perception of safety.

            Go fuck yourself.

          3. Trump got COVID. He didn’t need the vaccine.

          4. You’re a neurotic collectivist bitch, brandy.

      3. those who have not been vaccinated don’t have the right to send their children to public schools.

        Everyone has a duty to pay for public schools. No one has a right to attend them.

        I would think the recent crap with public schools refusing to open would have clued you in to that.

        You have no right to send your children to public school any more than you have a right to protection from the police – who will absolutely shoot you dead if you don’t keep paying your tax bill.

        1. You’re quite right.
          As the schools will begin teaching that filthy Critical Race Theory so parents HAVE the RIGHT to remove their children from that toxic environment and either home school or create a new charter school, one that doesn’t indoctrinate children with CRT.
          The NEA has no business shoving that crap down children’s throats.
          That’s why the NEA needs to be abolished.

      4. If you’re vaccinated and the vaccines work – why are you worried about the unvaccinated?

        1. They won’t answer that question.

        2. 1) Some people can’t get vaccinated for legitimate reasons, and you are putting them at risk.
          2) You are a breeding factory for new variants against which vaccines may be less effective.
          3) If you get covid when you could have prevented it, you are taxing medical resources and could be preventing someone else from getting care for a condition not caused by irresponsible behavior and blatant disregard for others.

          1. “You are a breeding factory for new variants against which vaccines may be less effective.”

            I’m gonna need a citation.

          2. 1. Some people can’t stay home during flu season and you are putting them at risk.
            2. You are a breeding factory for new flu variants against which the latest flu vaccine my be less effective.
            3. If you get the flu when you could have prevented it, you are taxing medical resources and could be preventing someone else from getting care for a condition not caused by irresponsible behavior and blatant disregard for others.

            Or, how about this? “You are alive, and therefore a danger to my life. So how about you just remove yourself from causing any potential harm by committing suicide?”

            1. Or, how about this? “You are alive, and therefore a danger to my life. So how about you just remove yourself from causing any potential harm by committing suicide?” Whoowee. Love that one. Most logical thing I’ve heard all day regarding the stalemate on mandatory vax.

          3. Everyone can get vaccinated – the outcome may not be great for them but they can get vaccinated. We’ve got to stop this virus right?!, we can’t leave any hosts available by Sullum approach. If you’re going to tow that line there’s no exceptions, sorry.

          4. “3) If you get covid when you could have prevented it, you are taxing medical resources and could be preventing someone else from getting care for a condition not caused by irresponsible behavior and blatant disregard for others.”

            I get it. Sort of like AIDS. So we shouldn’t be giving AIDS patients medical care either?

          5. Chipper, I got covid. It was annoying for about 10 days, as I couldn’t taste or smell. That’s it. I didn’t tax ANY medical resources. I’m also an active 41 year old, 5 ‘8″ and 130 lbs. I have never spent any time in the hospital other than for 1 day for the birth of my 2nd child, and that cost me $3k for my copay. The point is, in stark contrast, let’s look at all of those morbidly obese folks who got vaccinated. Um, which one of us do you think will have a lesser “burden on medical resources” over our lifetimes? Healthy people who choose to be healthy and who know they are at low risk are demonized, yet unhealthy people who have enormous health risks yet choose that lifestyle anyway, they get a pass because they got an ineffective vaccine? That’s a joke, right?

            1. Kaye, as I’m sure you know by now, there has been nothing logical about anyone’s—not the government, not businesses, not individuals—response to the virus. It cropped up as part of a perfect storm: years of creeping neurosis and discontent among the masses, fed by derangement over Donald Trump being in office and urged by bureaucrats just itching to flex their power hungry, nanny-state muscles.

              One half of the country didn’t buy into the bullshit. The other half did. Guess who won out? History will not treat them kindly.

      5. So, would you extend the school COVID vaccination mandate to a requirement for flu shots every year? After all, people do die from complications from influenza every year, including non-COVID strains.

    3. If you’re not vaccinated now, you clearly accept the risk.

      Except that they are not accepting the risk. They are accepting the risk of ‘this is just the fucking flu’ and are freeloading off everything more consequential than that.

      1. They are accepting the risk. Leave them alone.

        Healthy people (not overweight or obese) under 40 the mortality rate is 1 / 10,000 so yeah, not worried about it whatsoever. If you are, that’s your thing. Stop projecting your fears on to everyone else.

        1. Don’t you just love how certain so-called libertarians have now come to call actually living one’s life as one sees fit “freeloading”?

          No wonder the party is in the shitter.

  7. Remember when a lot of people argued that you have the right to do whatever you want with your body? What happened to those people?

    1. They got rid of their clumps of cells.

    2. They are all safely engaged as pro abortion activists.

    3. If you can force vaccination, you can force abortion on undesirable mothers. To slow the spread of poverty, or whatever excuse you want to make up.

    4. Saw a new (to me) bumper sticker recently:

      “Ever notice that
      everyone who supports abortion
      has already been born?”

  8. We have a well established history of what is called “coercive health measures” in the US:

    https://www.lawfareblog.com/long-history-coercive-health-responses-american-law

    This has most recently been applied in the case of tuberculosis, whereby people were confined to their homes or went to sanitoriums for treatment until they were safe to be released. Of course this was no way near the scale that such a response to COVID and mandating vaccinations would require now; but then COVID while dangerous is no where near as virulent as TB, or polio.

  9. Mandatory diets/ exercise for fatties.
    Mandatory weight loss for those who are deemed “too muscular “ for equity.
    Mandatory dental care for people with bad breath.
    Mandatory no smoking/drinking anyplace or anytime.
    Mandatory use of anti antiperspirant / deodorant. (There will not be 27 different kinds).
    Mandatory dresses/suits and ties so we all look our best.
    Mandatory early bedtimes so we can all do our best at work/school.

    These are all patriotic measures, only terrible people would not do these simple things.

    1. Almost forgot:
      Mandatory birth control for those financially unable to support children.
      Mandatory abortions for those deemed unfit for parenthood.
      Mandatory vegetarian diets to save the planet.

      1. All comes down to who is in charge and gets to do the mandating, as to what is “just” and “moral.” I believe what you describe is pretty much every day life in North Korea, and I don’t hear much outrage about it from any progressive quarters over that.

        In order to literally save the planet, all of this must be done, plus follow the recommendations of the University of Leeds and “reduce our energy consumption by 90%, live within 640 square feet, and only fly no more than once every three years.”

        The only way any of this dystopian collectivism will see the light of day is through such tyranny. Watermelons are indeed green on the outside, but never mistake what they truly are on the inside.

        1. “The only way any of this dystopian collectivism will see the light of day is through such tyranny.”

          The question is, why is reason helping to usher in the tyranny?

  10. The mandatory diets for fatties would be as helpful as the jab for fighting covid, but we don’t talk about that!

    1. Mandatory stomach bypass surgery.

    2. Fat jeff likes one of those ideas.

    3. Interestingly, there is a lot of cross-over between those two demographics.

  11. I don’t swear often but anybody on board with this can fuck off and die.

      1. I don’t get Sullum and Bailey I understand looking at multiple viewpoints but I can’t remember them seemly standing up for individual decisions they seem to write from a place of fear and using compulsion through mandated vaccines, passports, monitoring to assuage theirs and mainstream media’s fears that they believe the rest of us who they ignore (except to talk down to us like coastal gods) are scared too.

        1. Maybe they are getting some of that sweet sweet vaccine education money to spread the narrative. Gotta keep the lights on.

          1. I’ve said it before and I’ll say it again: Reason needs to be taken to task for its tacit approval of the irrational and criminal responses to the pandemic on the part of our government, institutions, businesses, and individuals.

            No greater crimes have been committed against individual liberty in our lifetimes, and all Sullum et al can do is go, “Get vaxxed, yo.”

            At this point, I’m at the Hate Read level of my relationship with them.

            1. I had been a long time subscriber, wanted to cancel around 2015/2016 and then finally did in 2017. As I understand libertarianism, these people are not that.

              In my perspective, most of the writers are not smart, incapable of nuance or any kind of critical thought, and leftist.

              It is refreshing to see that many other readers have similar opinions.

              1. The only thing worth reading is the comments. Not even an exaggeration.

                1. The only reason I’m still here. That, and the odd movie review.

  12. Fuck Dr. Fauci and the rest of the scare mongers.

    1. Do that and you might get the Communist Chinese Virus.

      1. Or that Anally Injected Death Serum that Fauci didn’t do anything useful to stop over the last 40 years.

        1. Haha. M.O.D. dude.

    2. Fauci is nothing more than a bureaucrat. His record actually is very poor. He began his career with the HIV/ AIDS scare and even then he couldn’t get it right.
      Fauci is a Washington, D.C insider. Overpaid, self promoting, who enjoys the spotlight and of course the huge speaking fees. he has an immense ego and an authoritarian bent.
      No one should take anything he says as factual. I want to know if he has ever done anything else with his degree besides working in Washington.
      Has he ever worked in a clinic? A hospital? Or private practice?
      Or has he spent his entire career in Washington, like so many have.
      Kerry Mulis was correct; Fauci is an idiot.

      1. He’s never worked as a practicing doctor. Went straight from residency into government service. Guy is a fraud.

  13. are you hypothesizing or asking for a mandate?

  14. From how I read the US Code, it seems the CDC does have the legal authority to impose a vaccine mandate. But it does not mean it has the legal authority to ban evictions. Vaccinations definitely DO slow the spread of a disease.

    I don’t agree that they should. Not everything that is legal is good. I mean duh.

    Should the CDC decide to do that, it would cause so much anti-vaxxer outrage that it would lead to even more vaccine hesitancy and actually make the problem worse. But it does seem to be within their authority during a pandemic. The other problem is that while we are still in a pandemic it does not appear we are still in any state of emergency. The time to have done this would have been back in December when we were in a crisis of a different sort altogether.

    Again, I don’t agree that they should. Not everything that is legal is good. I mean duh.

    1. “US Code” — Written lawfully??? Did the USA founding people give the feds the *POWER* to enforce such “code” on them?

  15. Biden could issue an executive order telling the CDC to consider whether a federal vaccine mandate is “reasonably necessary to prevent the further spread of COVID-19.”

    He could also take a least harm approach and issue an executive order telling the CDC to consider whether a federal vaccine mandate for people facing eviction is “reasonably necessary to prevent the further spread of COVID-19” and rescind the overreaching, overly burdensome, and authoritarian eviction moratorium.

  16. Why should the Government need to mandate a COVID vaccine? It’s like the polio vaccine; do I want to take my chances in contracting polio without the vaccine, versus contracting from the vaccine.

    1. The COVID vaccine is synthetic, not a “dead virus” like the polio vaccine. There is no risk of catching it from the vaccine.

      1. No one caught polio from the polio virus.

        1. “No one caught polio from the polio virus”

          Posted for eternity to showcase your complete dumbassery.

        2. No one caught polio from the polio virus.

          Untrue – even assuming you meant vaccine & not virus – the original vaccine was developed during the Civil War and was very unsophisticated/crude. They simply took a knife and dipped it in blood known to contain the polio virus, then used the bloody know to make a small cut in the upper shoulder.

          Not saying a ton of people contracted the virus as it obviously did more to help than hurt (or they would’ve stopped using it), but I am definitely saying there are known cases of people contracting polio from the vaccine (no matter how crude).

      2. You do know that there are multiple vaccines, right?
        There is no “the COVID vaccine”.

  17. Fuck the vaccine mandates, the CDC is going to declare gun violence a public health emergency and order the confiscation of all guns, knives, axes, bats, hammers, rotary telephones and candlesticks.

    1. And we haven’t even gotten to the climate “emergency” yet. Wait until they confiscate electricity.

      Fuck all these fuckers.

      The U.S. is DONE. Unfortunately, there is nowhere to go.

      1. Unfortunately, there is nowhere to go.

        I keep telling my friends from Mexico that it is inevitable that they ARE going to build that wall. To keep the Gringos out.

        1. LOL. No doubt. “All my friends gon’ be expats, bueno!”

      2. It isn’t done at all. People just need to muster the will to cleanse America of its progressives.

        1. That’s what I mean by done. We don’t have the will.

          1. The brainwashing in public edumacashun has done its job and done it well.
            There is no more Americanism in Americans.
            They will sit on their fat buttocks and watch Netflix all day while guzzling softdrinks and and eating frozen pizzas.
            The vast majority of Americans have been dumbed down to the lowest common denominator.
            They will accept what ever the government tells them, even if it’s to throw away their liberty.
            In truth, most will accept and authoritarian government especially if they believe it will keep them safe.
            America is finished.

  18. Where is the pandemic?? Hello? Yes. That pandemic that would preclude forced vaccination…

    1. I think we have reached the vaunted level of “herd immunity” such that the crisis is waning; our leaders therefore have to milk everything they can out of it before it [the crisis] is wasted.

  19. If the CDC Can Impose a Nationwide Eviction Moratorium, Why Can’t It Impose a Nationwide Vaccine Mandate?

    Because they know it will destroy the country if they did that. Biden’s not ready for the 2nd American Civil War – yet.

  20. My body, my choice. No vaccine.

  21. So Sullium, you rant and rave about too many laws that put people in contact with the Police. You blame that for Police shootings.

    I guess you are OK with the group being assigned to verify that everybody is vaccinated. Those are not going to be “social workers”. The odds are that they are going to be armed officers.

    Reason has jumped the shark and has gone full bore Socialist.

  22. His Vice-President is NOT vaccinated. It should start there…

  23. I’d be ok with basically outcasting everyone who doesn’t get it. You want to be part of society? Then get the shot.

    If not, then fine. Take your freedom and head for the woods. I know no one here, such fine upstanding “libertarians”, would want to be considered a leech right? A parasite that feeds off society yet can’t do the smallest thing in return?

    1. Said outcasting should of course revolve around business, school, etc. and not the feds though.

      1. those who are not getting the vaccine have accepted the risk. We should honor that. Especially since the vaccinated and those that have had Covid (by far the majority of the population) have immunity.

      2. The outcasting should be focused on leftists like you. To stop all the treason you people commit daily.

    2. How is not getting the vax leaching? The vax is paid for by the government, THAT’S leaching.

      1. Raspberry has no answer for that like Tony.

    3. That would mean a lot o’ POC heading for the woods, you racist asshole. Exemptions for them?

    4. You should by now be familiar with the standard commentariat response to idiots like you: Fuck off, slaver

    5. Yeah, and all of the morbidly obese people who cost the healthcare system trillions of dollars every year because of their poor life choices. They have to go off and live in the woods too, right? Demonizing healthy people who have ZERO chance of getting seriously ill from this virus (or those like me who already had it and had an annoying loss of taste and smell, that’s it), that’s the patriotic thing to do?? And those who REALLY put their health at risk, by choosing to be morbidly obese, we should all continue to pay for them??

      1. Morbidly obese, alcoholics, drug addicted, aids infected…let’s just put them on all an island.

  24. It could and it should. No fairy tale book exemptions either, since it’s settled law those aren’t required.

  25. Because it’s fucking illegal is why

    1. health boards have got slapped down hard over the past year, its a downward slide..

  26. Well my State has a whooping 1 in a 12,500 case rate. Certainly that’s reason enough to expand National *POWERS* against “The People’s” law over them.

    Oh wait; No, No it’s not even close. Maybe this is why the founders NEVER gave the feds the authority for this type of tyranny. It’s not as if the founders had any idea about diseases back then???

    Figuring out WHICH level of government is for WHICH problem would be a *huge* step for the USA.

    1. Yes but its ” for the chilrun” or some shit like that.

      How dare the Left who have murdered 60 million unborn babies let this slide!

  27. ” Of all the tyrannies, a tyranny exercised for the good of its victims may be the most oppressive. It may be better to live under robber barons than under omnipotent moral busybodies. The robber baron’s cruelties may sometimes sleep, his cupidity may, at some point be satiated; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience.”
    C.S. Lewis

  28. Nice Articles, His Vice-President is NOT vaccinated. It should start there

    Read More About- Bengali Shayari

  29. Morality of forced vaccinations aside, it’s completely reasonable to have a healthy skepticism of the vaccines, which only have emergency use FDA approval (and its been argued they should not even have that). This of course is relative to a disease which is not deadly to healthy people.

  30. The one key aspect missing from this discussion is the Constitution. No law passed by Congress, no matter how well intended, can supersede the Constitution. The First Amendment does not include the word “except.” Laws, regulations or Executive Orders banning church services and public assembly are, by definition, unconstitutional and can and should be ignored. All Executive Orders can be ignored by private citizens as they only apply to Federal employees and property. The President – be it Trump or Biden – cannot order you to do anything. He works for the people; he does not rule them.

    1. All Executive Orders can be ignored by private citizens as they only apply to Federal employees and property.

      False. Contractors also

  31. Thank you so much for sharing all this wonderful info with the how-to’s!!!! It is so appreciated!!!” “You always have good humor in your posts/blogs. So much fun and easy to read!

  32. We Should do it now! Because We want to safe Journey in the World!

  33. My body, my choice. Shove it up your ass, libtards.

  34. Can’t wait to see the YouTubes of the Stazi holding down a screaming Grandma in order to vaccinate her. Probably brand her with her registration # while their at it.

    And you don’t think there will be people selling fake papers?

    How again do you enforce this edict? Oh, that’s right, Pelosi’s new National Capitol Police force! That explains the extra $2B they just received…

  35. this virus had affected 5% of the population as of 1/ 2021 (CDC)

    Vaxxing everyone is just a PROFIT PLAY. Several new BILIONAIRES have been made.

    Theres no profit motive in the eviction thing. False comparison Friday.

    1. That’s the crux, it’s all about profit for yes, big pharma. All of it. The vaccines never should have even been given EUA but not for the profits.

      Libertarians should and presumably do know better. The federal agencies have been totally captured at this point. It’s all corruption.

  36. If – IF – you want to make the argument that the CDC’s power regarding “pandemics” and public health is unlimited, then I’m prepared to hear your defense of CDC Vax Police showing up at your door following a well-announced and publicized date certain, and demanding proof of immunization, on the penalty (remember, you wanted to make the argument that their power is unlimited) summarily shooting you in the base of the skull with a gov’t.-issued 9 mm for failure to satisfactorily prove you are Wuhan-Flu immune.

    And if their authority is not unlimited, as per the example above, then it’s time to discuss just what limits there are on the CDC’s power to order immunizations (kinda like once you agree to sell a fella [sic] a poke for $1,000,000, your status has been determined and all that remains to be argued is your price).

    FWIW, I’m guessing – I could be wrong, mind you – but I’m guessing that none of the landlords who have been repeatedly stiffed out of their rent and unable to evict their deadbeat tenants were named Corleone. I don’t think most of us want the kind of “rental dispute adjudication” where the deadbeat tenant now “sleeps with the fishes” to become common, but when justice is routinely denied in the courts, some (eventually many?) will obtain it elsewhere.

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  38. Vaccines only work if everyone gets them. The freedom (and social pressure) to abstain is equivalent to a license to decide, for everyone on planet earth, that we’re simply not going to eradicate the virus.

    Notice how there’s no option here for people to be absolutely 100% free agents with total freedom of action and no external liabilities?

    But it’s also a cost-benefit gimme. Deadly pandemics are bad. We deal with them with vaccines. The discomfort you feel at getting poked with a tiny needle, or the mental anguish you suffer from being a rube who believes every conspiracy theory to hit your inbox, is worth eradicating a deadly global pandemic.

    I’m sorry libertarianism is a laughable failure of basic child logic, but that is not anyone’s fault but the people who insist on cramming their every thought into Ayn Rand’s vagina. I wonder if it ever occurred to you people that you might believe in stupid things that make no sense.

  39. I actually think they have the power to mandate vaccines–that is related to their mission. I disagree that they had the power to eliminate evictions.

    1. For the above see Jacobson vs. Massachussetts

  40. The CDC should have never been allowed to do what they did in regards to rent moratoriums in the first place.
    They have no Constitutional mandate.
    Instead they should have been taken to court.
    The CDC does not and should not have that kind of power.
    If the CDC can get away with things like that what will they do next or any other government bureaucracy for that matter?
    The government in Washington, D.C. has become an out of control monster.
    How soon before the citizens grab their pitchforks and torches?

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