Coronavirus

Where Does Biden Get the Authority To Mandate Vaccination?

Emergency OSHA rules are frequently struck down by courts.

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President Joe Biden decreed on Thursday that private companies with more than 100 workers would have to make it a condition of employment for them to get vaccinated—either that, or take weekly tests for the virus. You may wonder: On what authority can Biden order this?

The White House is relying on the regulatory authority of the Labor Department's Occupational Safety and Health Administration (OSHA), an agency dating back to 1971, and in particular its seldom-used emergency powers. Some backers of Biden's action seem to think waving in OSHA's general direction, together with citing COVID-19's high death toll, is all the answer needed to questions about legality.

But it isn't. Courts have frequently struck down OSHA actions, especially when the agency has tried to issue the type of peremptory decree it calls an emergency temporary standard (ETS).

A word is in order about the two ways OSHA adopts rules. The standard, accepted way is to put them through the process known as "notice and comment," building a record that it is hoped will result in more rational standards and, whether or not it does that, prepares the way for judicial review by, for example, putting the agency on the record against major objections as to its rationale for the rule.

The emergency process bypasses these protections for the regulated and for judicial review as a check. True, the process as foreseen is one in which OSHA is supposed to start developing a rule the regular way, which would at some point catch it up with the need to base its rules on a reasoned public justification. But that comes afterward. In the meantime it can use the excuse of emergency to regulate first and explain later.

To use the emergency decree power, according to the agency's website, "OSHA must determine that workers are in grave danger" and that an emergency standard "is needed to protect them." That is a vague and open-ended standard, but even so it opens up one set of possible challenges. Is a test-or-vax mandate that applies even to employees who work from home, or who have already contracted the virus and recovered, truly needed to protect other workers from "grave danger"?

Even when OSHA makes rules through its conventional process, there are real constitutional questions about the limits of its authority. In 2008, Harvard University law professor Cass Sunstein, who went on to serve as former President Barack Obama's regulatory chief, published an article entitled "Is OSHA Unconstitutional?" He addresses the problem of "nondelegation" arising from Congress' having seemed to bestow on the agency such wide powers, akin to those of a legislature, with so few checks. The Supreme Court has backed off since then on trying to breathe life into nondelegation doctrine as such, but Sunstein suggests that constitutional principle should at least call for close judicial review that would hold the agency to standards of rationality, consistency, and legality.

Another possible basis for challenge arises from the limits of the federal government's authority over interstate commerce, an area where, as in the Affordable Care Act individual mandate case, the Supreme Court's thinking has evolved since OSHA was founded. Yet another, which might rest on a statutory or constitutional basis, could arise from the decree's expected lack of provision for religious accommodation. Challenges on these grounds might or might not prevail. But if someone tells you that what Biden announced Thursday rests only on OSHA's accepted and uncontroversial legal powers, they're scrubbing away a whole lot of legal complication.

And that's all aside from the big legal fact here: Courts have applied tougher scrutiny to OSHA's emergency decrees than to its garden-variety rules. That is why a recently updated Congressional Research Service report on OSHA's ETS authority as applied to COVID-19 notes that the agency "has rarely used this authority in the past—not since the courts struck down its ETS on asbestos in 1983." (It did issue an ETS for healthcare workers and COVID-19 in June.)

As attorney Michael Schearer points out, of the nine times OSHA used its emergency power until this summer, three went unchallenged, but of the six that went to court, only one instance was fully upheld. All the others were stayed or vacated, in one instance partially. In other words, the courts have by no means been pushovers for OSHA ETSs.

And this makes sense. Ordinary OSHA rule making builds a detailed record and rationale, including time for objections, which allows judges to hold the agency to some semblance of legality. Emergency powers bypass that. Were courts to adopt a posture of abject deference to claims of emergency, they'd leave OSHA in a position to order around the nation by diktat.

In short, don't be surprised when the new Biden vaccine mandate ends up in court. Should it reach the Supreme Court, it will be amid fresh memories of the eviction moratorium debacle, in which a majority of justices clearly signaled that it would be unconstitutional for the Biden administration to renew the expiring Centers for Disease Control and Prevention decree, and the White House went ahead and did so anyway. Slapping that down took less than a month.

A lot of the blame here lies with past Congresses, which saw fit to arm this agency with grossly overbroad powers. How about we make it an agenda item for a future Congress to rein in OSHA's purported emergency powers to rule the workplace by decree?

NEXT: After Toppling Al Qaeda, America Wasted a Staggering Amount of Money in Afghanistan

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  1. Article j of the constitution under fuck you that’s why clause

    1. He pulled it out of his ass.

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      2. Even his own White House Chief of Staff Admits the Vaccine Mandate is a “Work Around” the Constitutional Objections…

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    3. Where Does Biden Get the Authority To Mandate Vaccination?

      Ummm From Valery Jarrod and Susan Rice….just like everything else. Even nappy-time and potty-time.

      1. Seriously I don’t know why more people haven’t tried this, I work two shifts, 2 hours in the day and 2 in the evening…VTb And i get surly a check of $12600 what’s awesome is I m working from home so I get more time with my kids.

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    4. Is that the one that mentions OSHA?

  2. Brotip: he doesn’t. But that’s never stopped the regime before.

    1. Or the regime before it. Or the regime before that. The imperial presidency has been ascendant for some time now.

      1. Nope. Just Democrats. Republicans actually care about our liberty and our rights.

        Haaaa ha ha ha ha ha ha ha!!!!

        1. Hey buddy. You ran away after I showed you lying for the 3rd day in a row. Are you pathological at this point? For reference.

          https://reason.com/2021/09/10/two-big-new-ways-the-biden-administration-plans-to-overstep-its-pandemic-authority/#comment-9095547

          Let me know. Thanks buddy.

          1. Here’s your “gotcha” quote:

            Either the vaccine is 100% safe and effective, or there is no point in taking it at all. If you say it’s a good idea then you’re saying it’s 100% safe and effective, and you’re wrong. Just to prove it people who’ve been vaccinated have died of the disease. That means it’s a joke. It doesn’t work at all for anyone. It’s all a big lie being pushed by Democrats who want to take away our freedoms. Don’t you know anything?

            That was was a mockery of you and your girlfriends who were saying that because masking and distancing aren’t 100% effective that means they’re 100% ineffective.

            Naturally it follows that if vaccinated people have gotten sick then the vaccine is 100% ineffective. It’s just a plot to take away your freedumb.

            You can post links of me mocking you all day long. I don’t mind a bit.

            1. Sucks being hoist on your own petard after you strawmanned your opponents argument in service of the total state, doesn’t it you bootlicking sack of shit?

            2. A study by the University of Waterloo found cloth masks and surgical masks are 10% and 12% effective.

              https://aip.scitation.org/doi/10.1063/5.0057100

              Now why would the government tell everyone to wear a mask but offer no advice on the type of mask? No mask mandates enacted have specified the type of mask either.

              A study by MIT found that it does not matter if you are 6 feet or 60 feet from a person. What matters is proper ventilation which makes sense considering how small the virus is and it mainly an aerosolized threat.

              https://www.pnas.org/content/118/17/e2018995118

              Social distancing does jack shit as does pretty much every other mitigation attempt we have tried. At some point you are just going to have to accept that SARS-CoV2 is here to stay and is endemic.

              1. If one factors exposure time, then the 1m distance (social is an unnecessary addition) guideline is a good general rule. It’s easier to simply remember that the vast majority of folks think that cotton fashion masks w/ cutesy designs are protective, and avoid them. It’s more important to remember that the same group are driven by emotion and fear, not reason, a much better reason to avoid them. The virus just added another layer; ignorance and loss of civil liberties is the pandemic.

              2. I must be an exception – though I did get the vaccine back in April.

                I’ve been tested for covid over a dozen times – mostly via the on site rapid test, but twice via the send to the lab PCR test that takes a day or two to get results, and twice additionally had antibody tests of my blood. All negative.

                Due to my position, I’ve continued to travel throughout the pandemic. I perform on site services in a variety of industries that are designated as essential under the government covid guidelines – including medical device manufacturers that have machines building covid test kits.

                I know I was exposed, or at least I was adjacent to those exposed – two instances colleagues that I worked with shoulder to shoulder – began having symptoms within hours after I left. Maybe I’m a carrier! LOL – but I’ve never been flagged positive – even when I thought I might have it due to developing mild cold symptoms. Most of these places do have pretty tight masking and hand washing protocols – especially for visitors.

                I don’t think that I’m abnormally healthy – after visiting my grand daughter I almost always get sick for a few days afterwards, The petri dish that is day care gets me almost every time, but covid? – So far nope… I don’t know…

            3. The numbers for masks and COVID vaccines mean that neither contribute meaningfully to population protection. Meaning, whether you manage or don’t manage them won’t have any significant effect on the pandemic.

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  3. He doesn’t have a prayer in the courts. (No, not even with Roberts heading the top one.) But by the time he agrees to “repeal” it–at which point Reason will duly celebrate that all has been made well and just–it will have long since served its purpose.

    1. Yep, same as the eviction moratorium. Go full steam ahead and by the time it wends its way through the judicial process, all is said and [damage is] done. I believe this is the modus operandi of the Biden’s ghost administration.

      And I think you are also correct in that once it is deemed unconstitutional a year or two… later it will be celebrated just how just we all are.

      1. Exactly. They don’t care as long as they get the jabs in the arms.

    2. When I was reworking the constitution as a means to read it and try to understand it, one of my changes was that bills passed if, after 30 days of public review, 2/3 of the legislators in each chamber approved it. Of course, any revisions restarted the clock.

      But in addition, there was an emergency provision: if 90% of legislators in each chamber approved a bill, it became effective immediately, but only as long as it maintained that 90% approval. The standard 30 day review period continued.

      There was a catch. Any constitutionality challenges during the review period kept the clock running. The 90% emergency approval applied even if there were pending defect challenges … but if any were later upheld, then everyone who approved the legislation in spite of those defect challenges was stripped of all judicial redress for life. They could be robbed, assaulted, or killed, and nobody could do anything about it.

      1. They could be robbed, assaulted, or killed, and nobody could do anything about it.

        Ah yes. Declaring someone to be an “outlaw” meaning the law no longer protects them, and letting the citizens implement justice.

        I like it.

        1. My system had two classes of outlaws. These legislative ones are a special deal. The ordinary kind works with loser pays — if you owe restitution, you cannot sue anybody for less, and if you inflate your claim, the claim itself is how much you owe, in addition to court costs, opponent costs, etc. This was primarily meant for vexatious litigators — sue somebody for $10,000 and lose, you owe $10K + costs. If you now sue somebody for $20K to beat the outlaw limit, and the verdicts says you lied and your claim was exaggerated, you now owe an addition $20K plus fresh costs. Pretty soon you can’t sue anybody for anything.

          What I especially like about this is that it turns things upside down — rich people are especially at risk, because if they lose a case, everybody knows they can pay, so poor people with a good case will find all sorts of lawyers popping out of the woodwork to take their case. Remember, the loser owes the claim + costs, which includes recovery costs — everything. Of course, this assumes a good case, but that’s fine — lousy claims should lose.

          1. Do you want to bring back beheadings and family punishments too?

      2. I like all these ideas except the last. Make someone an “outlaw,” for any reason, and you create a justified desperado. Create a large group of them at once and you create the nucleus of a rebel army.

    3. IDK, it sounds like a perfect recipe for the ‘no grounds/moot point’ SCOTUS two-step in recent history.

  4. B wouldn’t have any fucking authority past the end of his nose if …

    1. …. if here were Pinocchio? Oh that’s no good, he’d have to keep lying to extend his authority.

      1. the loophole to my analogy lol.

        1. A great new way to visualize how politicians see themselves, though.

  5. Government, in general, if you’re not an anarchist, has the legit authority to deal with public health matters. And it’s certainly not new to America. Read up on Typhoid Mary.

    Vaccinations are definitely the best way to fight this pandemic. Get yourself vaccinated!

    The problem in this case is that procedures and process and jurisdictions were not followed. Government as a whole has the authority make such public health rules, but Biden in his role as President can’t just do it on his say so. Procedures and process must be followed according to the jurisdiction. OSHA does not have that authority. Congress could give it that authority, but Biden never even bothered going to them. In terms of jurisdiction, this is best handled at the state level, although I’m sure commerce clause could be invoked.

    In short, like getting out of Afghanistan, the basic idea was sound, the implementation left much to be desired.

    THIS IS WHAT YOU GET WHEN YOU DEMAND THAT ULTIMATE AUTHORITY REST IN THE HANDS OF THE PRESIDENT!

    You wanted it for Trump, now Biden has it. Every fucking president has expanded his power at the urging of his followers since before I was born. This isn’t some accident, it happened because you had no issues with Trump having so much power. This is what happens when you worship the power instead of limiting it. You talked about draining the swamp but what you really wanted was a strong man with more power.

    1. The problem is that literally everything is political. If you want to show off your Republican cred, you drive an American made truck. See a Subaru and you assume the driver is a leftist. See someone at the grocery store with a basket full of steak you can assume they’re conservative. See that block of tofu? That means the person’s a liberal.

      If you believe people should be vaccinated then you’re a leftist. Want to show off your conservative cred? Refuse to get vaccinated.

      So all common sense is gone. Everything is judged through a political lens, and don’t you dare do anything that would make your clique think you have incorrect politics. You know, like getting vaccinated. Your conservative buddies won’t be your buddies anymore.

      So because of that stupidity, people in government feel that they need to force this upon the population. If conservatives would get their heads out of their asses then it wouldn’t even be an issue.

      1. Your whole life is based on strawman assumptions. Makes total sense now.

        If you believe people should be vaccinated then you’re a leftist.

        Which republican is against vaccines and not the mandates? Or are you just lying yet again? Or just ignorant that PoC still lag in vaccination rates more than any group?

        No wonder you’re such a mess.

        1. Which republican is against vaccines and not the mandates?

          You, for one.

          1. And you understand that not taking a vaccine because it’s too new and long-term safety studies won’t be complete for another 2 years, or pointing out the diminishing efficacy of a vaccine we were assured is 95% effective is not actually opposition to the vaccine itself, but merely a personal choice, right, you bootlicking fascist sack of shit?

        2. I know tons of republicans that became antivax based on Democrats in power encouraging it and nothing more.

          It definitely became political.

          1. Sure you do, sarcasmic. They’re under your bed right next to all those 1/6 insurrectionists who were going to kill Nancy Pelosi with their bare hands and all the Republicans who were going to start WWIII with Iran. Don’t forget what that famous Republican fascist Kamala Harris said:

            if Donald Trump tells us that we should take it, I’m not taking it

          2. ‘I know tons of republicans,’ an enormous lie. Tonnage would be the measuring system to determine the level of dishonesty.

      2. I wonder if there’s a Web site where I can put in what I bought at the supermarket Tuesday and output where I fall on such a spectrum, or even on a multi-pole or multi-axis scale:

        Coca-Cola (2 L bottles) [Democratic; Pepsi’s Republican]
        ground beef (80% lean in a tub)
        carrots (whole)
        mushrooms (button, whole)
        sour cream
        toilet paper (Cottonelle mega rolls) [so not a hippie]
        flour tortillas
        oil (undisclosed vegetable)
        tomatoes (Jersey)
        pepper jack cheese (block)

        Mostly, especially the who-knows-what-vegetable (probably soy) oil, should peg me as “cheapskate”, but that’s not a political alignment. It’s not even an Illuminati alignment. But other than the Cokes (notoriously Democratic and Southern), what other tells are there?

        1. I forgot to list:

          cherry seltzer

        2. Burritos are obviously democratic. For………reasons.

          1. Aha, you gathered that I was making burritos, which I was.

        3. I buy the Mexican Coca Cola. Made with real cane sugar. That corn syrup just doesn’t work for me.

          I am picky about meat and produce. So what you can get. For some reason we had much better corn, tomatoes, lettuce, in Ohio. Fresh fish from the lake.

      3. I forgot, are health foods “left” or “right”? It seems like such a short time ago that being anti-vax was a left-wing hippie thing.

        1. health foods are hippy left, unless it is for a ketogenic or paleo diet then you are right (non-consensus science), unless you are vegan, when you are left again.

    2. Wouldn’t it be great if it didn’t fucking matter WHO the POTUS was?
      And that is exactly as it should be. Actual constraints on power and protection of liberties would go a long way toward that end.

      1. Wouldn’t it be great if it didn’t fucking matter WHO the POTUS was?

        Aye. Politics is all about smiting your enemies. It’s about forcing things onto people you don’t like. Nobody gives a shit about freedom or liberty anymore. It’s all about hurting the other tribe, and then being all confused when the powers you used to hurt others are used on you when the other TEAM gains power.

        1. sarcasmic
          August.24.2021 at 8:49 pm
          Flag Comment Mute User

          And yeah, if I was cooking broiler when you ordered yours MW, I’d find the fattiest, gristliest piece I could find and burn the shit out of it. Nothing personal, but if you want to ruin meat, you won’t ruin good meat on my watch.

          1. What’s your point? All good broiler cooks do that.

            1. I think he was pointing out what a pathetic, passive-aggressive cunt you are, because it’s especially funny as you project your impotent, seething, womanly cunt-rage onto others. Every accusation is a confession.

              1. We really spoil him here.

      2. There should be no Secret Service protection. Let their backers hire their own security detail. Or better yet, make politicians so powerless that no one wants to assassinate them, and if they do, the country suffers no loss.

        1. I feel like most Presidents’ and Congresscritters’ views on the Second Amendment would change overnight if they knew they’d have to go Andrew Jackson on would-be assassins.

        2. Did any of the the North American Confederation presidents get assassinated? I think someone would at least have tried to poach the dolphin one; them motherfuckers must be tasty.

          1. RIP L Neil Smith

            1. Oh my God I had no idea! What horrible timing on my part. I checked him on Wikipedia just a short time ago while thinking about those novels but of course found no sign all was not well. I always thought I might start on them but felt it was probably like starting Dune in more ways than one. Now I guess they’re unfinished. RIP

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    3. Like you say its been happening since before you were born. Trump supporters had no problem with it because Obama supporters had no problem with it because Bush supporters had no problem with it because Clinton supporters had no problem with it, etc etc going back to at least Woodrow Wilson

      1. ^apologist for totalitarianism

        Go fuck yourself, faggot.

    4. You just might be the dumbest motherfucker alive.

      1. Yeah, let’s vote him in as POTUS. sarc

    5. The lower court reasoned that the amendments were invalid because they were placed on the 2018 ballot by an illegally racially-gerrymandered General Assembly, which lacked “popular sovereignty” and did not represent the people of North Carolina.

      The case of Typhoid Mary is a precedent supporting the quarantine of people who actually have the ‘rona (whether symptomatic or asymptomatic), not for requiring everyone to be vaccinated. (There are, BTW, vaccines for typhoid fever. Not even food workers are routinely required to be vaccinated for it.)

    6. Are you talking to the voices in your head? No one wanted ‘ultimate authority’ for Trump, or an anyone else, you twat.

      1. if BrandySHIT would have to admit to his whiny, assholic behavior, he’d have to admit to being a steaming pile of stupid shit.

    7. “…You wanted it for Trump, now Biden has it….”

      Little boy BrandySHIT continues to attempt to justify his whining about a guy who didn’t really match BrandySHIT’s ideal as a daddy-substitute.
      And now BrandySHIT is doing so using outright lies.
      Way to go, BrandySHIT: Keep proving your adolescent creds, asshole!

  6. Hey Reason, remember when you shilled for this open marxist and his handlers for months and months, then gave only mealy-mouthed responses to the creeping authoritarianism of the pandemic response because “HERPADERP TRUMP SUPORTING ANTIVAKSERZ!11!!1!”

    This is where it leads. Actual libertarians saw the writing on the wall as soon as this shit started.

    So go fuck yourselves.

    1. Plus

  7. I thought I read somewhere that Biden shit-canned the “or get tested” option. In which case, he ( via his handlers) has morphed into full-blown autocracy.

    Btw, nice analysis by the author.

    1. Biden didn’t can anything. A zoomer intern did. Biden signed the documents they put in front of him, then went back to fiddling with the Victrola.

  8. Here’s an idea:

    “How about we make it an agenda item for a future Congress to rein in ALL AGENCY powers to rule— by decree?”

    And expect Congress to do its fucking job to actually write legislation and stop delegating it all to the executive/ administrative branch?

    1. Well they won’t get even their pinkietips dirty with war even though the Constitution puts them in charge of war, full stop. So they are really just getting more consistent.

  9. Where Does Biden Get the Authority To Mandate Vaccination?

    Looks like Biden touched some nerves this week.

    1. Yeah but good luck trying to get that to work in the courts. You ever tried pointing to the nerves on a doll?

    2. He gets it from a co-conspiring media and a compliant public.

  10. The boosters will be mandated, too. Mark my words.

    1. Hopefully these mandates will die in court. If not then it’s a serious precedent that will have lasting effects. None of them good.

      Oh, and fuck Biden. What an asshole.

      1. Now if I felt like I had an obligation to impress JesseAz I’d bookmark this comment and show it to him on demand. But it’s more fun for him to make an ass out of himself and tell me such comments don’t exist.

        1. Congrats. It took you 9 months and daily harassment to make one single negative comment about Biden. You deserve to get drunk again. Lol. Too bad it came after 3 different posts blaming conservatives or you’d almost seem honest.

          Then again you basically claim here you did it just so you can finally say you made a negative comment about him. Which is a weird motivation given all of his authoritarian overtures in the last 9 months. Principles and all.

        2. Yea, you should totes bookmark the comment where you handwaves away unprecedented tyranny and then rebuked Joe Biden in the most mild way possible.
          Good call.

          1. It just killed him to say that.

        3. Yeah…… that would be SUCH a burn……..

          Do you hear yourself?

      2. Vaccines have been mandated for centuries. George Washington mandated the Spallpox vaccine. You are agitated over the dumbest possible thing because morons can sell pillows on your manufactured outrage. It’s just a vaccine. You have to take it because you are a disease vector.

        1. I’m not agitated Tony. You mistake me for a Trump-loving conservative. Then again all the Trump-loving conservatives honestly believe I love Biden.

          Fucking idiots and their binary thinking. I’m critical of Biden and you feel I’m a conservative, then when I fail to worship Trump I’m labeled a progressive.

          Partisans are morons.

          1. Meh, the low-information voters are the independents. It doesn’t take that much reading to figure out that one party or the other will be in charge after the next election, and by that I mean each next election for the foreseeable future.

            So you kind of have to choose: the faction that chose Trump to be in charge of the nuclear arsenal or the one that believes in occasionally rolling back a billionaire tax cut.

            1. I choose none of the above. A lesser of two evils is still evil, and I reject the notion that I must choose between the two.

              1. Lol. Yoh make your choices. 99% of your comments are trolling those on the right. That is a choice. Sorry youre so ignorant to reality.

              2. But you must. A non-vote is a choice that contributes to the outcome, which is predetermined as a binary choice.

                It is of absolutely no consequence to anyone else how morally upstanding you feel you are. I wish more leftists understood that too.

                1. You’re so fucking stupid.

                2. C’mon Tony.

                  There are some of us who are not uneducated. Nor are we idiots. Some here are very accomplished and successful.

                  Chutzpah to berate those here those who choose a different path.

                  Yeah a binary choice. You cannot see past that. You only see on one axis.

                  1. Tony talks about education when he has some worthless grievance oriented sociology degree form a shit school. While most of us here have real degrees in business, engineering, etc.. Plus, he’s embarrassingly stupid.

                    The moronic faggot should stick to shoe shopping and licking the loads off of his local bathhouse floor.

                    1. I really need to stop coddling Tony and real lay into him going forward. We spoil him here.

            2. Don’t forget rolling back personal liberties as well.

            3. Tony, both major parties have low information voters, especially the Democrat party.

              As for the tax cut from a few years ago, it goes proportionally to people who pay federal income taxes. People who make more money disproportionately pay a higher percentage of those taxes. The bottom 50 percent of income.earners pay very little in federal income tax.

              Also, when the Democrats raise taxes by 2 trillion dollars, everyone, including a lot of poor people, will be paying more for things they buy to cover those taxes. So you’re screwing a lot of poor people.

              You know, it would help you to read something besides leftist sources. They’re not telling you the truth.

          2. I’m critical of Biden

            You have posted one critical item against Biden since he announced his candidacy, and you were so proud of it you are now bookmarking it to share with the class. You’re like the pathetic brown noser teacher’s pet who gets bullied at recess and then has to pretend he hates the teacher just as much as everybody else.

        2. I’m sure you’re looking forward to that Pfizer COVID AIDS pill, too.

          1. And mandated dietary restrictions. And limits on how far and how fast you can drive. And fossil fuel usage.

            If this stands for a virus with a 99.5% survival rate, there is no limit to what the government can mandate for your “health and safety.”

          2. Or statins in the water supply. They’ve been pushing that since pajama boy.
            https://pubmed.ncbi.nlm.nih.gov/22779765/

        3. George Washington mandated the Spallpox vaccine.

          Citation needed. (Unless all you mean is that he mandated that his family get vaccinated. For smallpox, not “Spallpox.”)

        4. George Washington mandated the Spallpox vaccine.

          For soldiers in the continental army – and no one else. During wartime. For a disease with a fatality rate of 40%.

        5. The only morons are the ones who think Covid is anywhere as deadly as smallpox.

        6. He mandated troops to get vaccinated. I don’t know if you Know this but the armed forces are subject to rules that the citizenry are not.

        7. I keep seeing history being rewritten so let me offer a CliffsNotes version:

          We. All. Fucking. Stayed. Home.

          We all masked. We were “All in this together.” until the restrictions became unreasonable.
          We didn’t get haircuts. We missed deaths of loved ones from other diseases. We put off funerals.
          We put on masks. We social distanced. Not for 15 days. But 30 days. 45 days.
          We watched as our businesses closed, our events canceled.
          And then we watched Nancy Pelosi get a haircut.
          And you defended her.
          We watched Gavin have dinner with friends.
          And you defended him.
          We watched as you protested and rioted and looted and burned, all the while telling us we were horrible for being mad about the draconian measures implemented that shut down our gyms and bars and theaters.
          We were “in this together” when you said you wouldn’t trust a vaccine under Trump.
          We were “in this together” when you acted like the experts knew what the fuck they were talking about even as they changed their position in the matter of days.
          We did it your way.
          It didn’t work.
          So take your revisionist bullshit and go hide under your bed.
          You act like HCQ is an experimental drug.
          It isn’t.
          You act like Ivermectin is only for horses.
          It isn’t.
          You act like you follow the science.
          You don’t.
          This isn’t about being anti-vaxx.
          This is about your arrogance and rewriting history to make you feel better about being the Nazis at this point in history.
          You think your patience is running out?
          LOL fuck you
          I know people that couldn’t hold their family member’s hand as they died because of COVID.
          Fuck your inconvenience.
          I know people that lost their businesses.
          Fuck your “running out of patience”.
          I think it’s time you give the unvaxxed their credit. Many of us have already had COVID and lived.
          Hell, mine was treated early with vitamins and it wasn’t even at flu strength.
          No, COVID is not a hoax. It absolutely should be taken seriously.
          But maybe it should have been taken seriously by your side the entire time.
          Our patience ran out last year, early this year.
          Welcome to the club.

          Original by Dr. Strangetweet

          1. Reply to Dace Highlander:
            Stuff your ‘poetry’ up your ass to keep your head company, TDS-addled piece of lefty shit.
            And then please, tell your dog where your grave is going to be, fuck off and die. At least the dog will know where to take a shit on ypu.

    2. Flu shots, vaccines hastily thrown together for future pandemics, you name it; we’ll be almost miraculously lucky, in fact, if our “passports” stop at vaccines.

      We almost totally lack the ability to put ourselves in another man’s shoes; asked to argue for the opposite side of an argument, few could put together something that could convince a four-year-old. So most people are nowhere near grasping how expansively and deeply those who believe in a society engineered for the greater good by the smart and moral best, wish to revolutionize absolutely everything about the way we live. The way we currently live our lives is unimaginably foolish and senseless to them; imagine what could be done to improve society with some leadership.

      We must learn to see things from their perspective–and stop lying to ourselves about it–before it is too late.

      1. Flu shots, vaccines hastily thrown together for future pandemics, you name it; we’ll be almost miraculously lucky, in fact, if our “passports” stop at vaccines.

        There’s no way in hell that they’ll stop there. Power-mongers don’t put tools back in the toolbox, and the Information Age bugmen are thirsty to make Chad pay for getting to bone all the hot chicks in high school.

        What the nation needs is a giant can of Raid.

    3. Honestly, that’s a “well, duh” statement. I don’t think anyone is bothering to dispute it, not even the propagandists whose job it is to sugarcoat the fascism.

  11. If the bug chasers shouted Allahu Akbar before spraying their diseased spittle all over everyone, Americans would be leaving libertarian “concerns” in the dust as they demanded they all be shipped to Guantanamo.

    1. I do like the “bug chaser” bit. Well done.

    2. Even after Dog Emperor Trump told his flock to get vaccinated, many still refuse.

      Can’t fix stupid.

      1. Wait, above you said gop doesn’t support vaccines…

        Weird.

        1. sarcasmic is like the stupid cunt on Chappelle’s last comedy special who, when he did an impression of an SJW trying to cancel comedians for making jokes that offend them and then asked the audience if they could guess who he was impersonating, shouted out “Trump?!”. Only to be told “Nope. That’s YOU!” Doesn’t matter the context, doesn’t matter the issue. sarcasmic may not know any fucking thing else, but he sure knows that whatever happened, it’s Trump’s fault. It won’t be long before he’s blaming Trump for his lengthy self-confessed history of drug abuse, alcoholism, homelessness, welfare usage, and his divorce.

      2. Huh, it’s almost like certain demographics don’t need a person in power to make their own decisions for them…

        1. Evidently they do. More than anyone else. If you can’t figure out how to take a vaccine against a disease that’s ravaging they world, you need a nurse maid. You just think you’re special. Lots of morons do.

          1. You’re a moron. You consider yourself to be special.

            1. He is special, as in special ed. special.

              1. I know he’s a fucking retard. But like every other armchair radical, he sees himself with a seat at the table. Not living under the rules he wants for everyone else. The reality is his progtarded masters will use the useful idiot, until he’s all used up.

                Then they will throw him away like rotten garbage

          2. “…a disease that’s ravaging they world,…”

            Wanna scare shitstain? Tell him there’s a disease with a death rate of less than 1/10th of 1%!!!!!!!!!!!!!

          3. If you can’t figure out how to take a vaccine against a disease that’s ravaging they world, you need a nurse maid. You just think you’re special. Lots of morons do.

            If the vaccine doesn’t actually stop people from becoming infected, it’s not a vaccine.

            Paid attention to India lately? The number of “fully vaccinated” isn’t even 200. Checked their case numbers recently?

            1. *isn’t even 200 million.

    3. If they were shouting Allahu Akbar, they’d be hailed as heroes and any attempt to limit their activities would be seen as racism.,.. and Democrats would be demanding we import as many unvaccinated into the country as possible. before the weekend.

    4. Hey Tony, do you have any proof that you aren’t an AIDS-infected faggot? I only ask because the chances of a faggot who takes cock up the ass getting HIV is 1 in 72 per encounter, and the chances of a faggot who fucks other faggots up the ass getting HIV is 1 in 900 per encounter. Given that the chances of dying from COVID19 are in 1 in 10,000 for people under 70, I’ll take the vaccine and carry my vaccine papers everywhere if you’ll agree to weekly AIDS testing and presenting your AIDS-free certification in order to be allowed into restaurants and stores. Deal?

      1. I protect myself from as many diseases as I can. You apparently want someone to lick your nuts in appreciation about what a bug chaser you are, so I have no idea what you think your point is.

        1. We should ban homosexual sodomy, for your own good.

          1. These totalitarians don’t understand the concept of precedent and slippery slopes.

            Or do they?

            1. They don’t care. Laws are only useful as long as they support their agenda. Aside from that, they are to be ignored. We’ve already seen it from Biden, when he admitted his eviction ban would be struck down, but did it anyway.

              De o rats are an existential threat our freedom. Time for them to go.

        2. “I protect myself from as many diseases as I can…”

          So the answer to Dee’s question is “No”? Thought so.

    5. Well, it seems being sent to Guantanamo means eventually you DO get released, sent to another country, and put in positions of power. Al Qaeda gets better treatment from this Administration than unarmed patriotic vets, who instead get shot in the neck because of their political leanings.

  12. Dictators don’t need no stinking authority from anyone but themselves.

  13. I’m in a red house district of Colorado, in a deep blue county. The only employees at the local Kroger refusing to vaccinate are black and Latino.

    Dig your own graves Democrats!

  14. But at least the mean tweets have ended…

    1. And we settled the argument about Voter ID. That’s a nice side benefit.

    2. And abortion is going to have an… interesting legal future.

      1. Black babies are inherently disadvantaged, because of racism – therefore not aborting a black baby is racist.

        1. True. Look at Obamacare. That’s a huge threat to blacks. Babies in particular.

    3. And now we know who the real racists are.

      There’s actually quite a few second-order effects from this.

  15. Sell your individual souls to the [WE] foundation; because you don’t own you, the Power-Mad [WE] foundation does!

  16. One question I have that the author does not address, even if the courts recognize the authority of OSHA to mandate the vaccine, does this virus rise to the level of necessity? If yes, then they can also mandate the flu vaccine for all persons? COVID has a slightly higher case fatality rate, but we must save all lives at all costs.

    1. Two tiny needle pricks are not a big cost.

      1. Don’t talk about your micro penis that way!

        Your rent boy Alejandro says he loves you.

      2. “Two tiny needle pricks are not a big cost.”

        None of shitstain’s business.

      3. What about constant seizures?
        Miscarriages?
        Death?
        My mother in law could not hold any food down for two weeks after the first shot.
        You don’t know what the cost is passed your own experience. For others the cost is too great.

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        2. No vaccine is perfect. The choice is not between lollipops and rainbows or vaccine. The choice is between virus or vaccine.

          1. SO for some there is no other choice than death. vax may kill them or covid. clap clap clap clap You know, for someone who keeps visiting a site called reason, you don’t seem to have the capacity to do so.

          2. Ignoring shitstain’s hyperbole, the choice is shitstain’s to make for shitstain. No one else.
            Other than that, he can stock it up his ass to keep his head company.

      4. Neither is a pick axe driven into your head twice. So what’s your point?

      5. It’s not the needle pricks. It’s the experimental substances they inject. The risk:benefit ratio is just not there.

        1. Nor the little pricks in the White House…..the lot of them Ivy league school communists.

    2. What about the obesity epidemic?

      1. There is NO WAY that the government will attempt to stop the sugar industry, too much PROFIT and POWER. In fact most “low fat” foods have just exchanged fat for sugar (another sugar industry win).

      2. Well, those are also the people dying from covid. But now they can say “died from covid” when they died from being rotund.

    3. What makes you think that anyone needs to save lives “at all cost”? Who are you and the government to say that all must accept the truly experimental and fundamentally flawed vaccine that is known to kill within minutes/days at times and to have exhaustive and serious side effects (permanent heart disease and lung disease, etc)?
      Shall I explain? Many (most actually) of those that succumbed to C-19 had severe and or multiple co-morbidities. Many of those actually might have been dead long before their age had modern medicine not intervened. Therefore most of those that died were in “overtime” because of modern medicine. C-19 just did what would have happened long ago had those been born 5 to 40 years earlier. So why would you or the government need to mandate vaccines for an otherwise small number morbidities of the healthy?

      1. Citations needed.

        1. Google it. We’re not your librarians.

        2. You have been shown, You just keep ignoring the things that don,t fit your world veiw.

    4. They can also mandate that you quit smoking to work. And that you can prove you do not have promiscuous sex. And that you are on the government-approved diet. This year it’s whole grains and fish. Next year we go Atkins. Then it’s the grapefruit diet. If they can mandate THIS ONE THING, then they have the precedent to mandate ANYTHING. Why don’t “liberals” or “libertarians” see this?

  17. Of more interest is the fact that the courts have already stated that companies such as hospitals and others CAN mandate inoculation under some circumstances. HOWEVER, it has been decided that those that mandate become responsible for ANYTHING adverse that happens due to the inoculation!
    Therefore, if the FEDS require inoculation in order to work, and the employee dies, or has permanent heart or lung damage (which is common and well known to happen among the tens to hundreds of other side effects), then the government will be liable ALONG with the employer (if the employer did not fight against the inoculations and become over-ruled). This could be hundreds of trillions of dollars in liability.
    We also know that once inoculated people regularly become asymptomatic carriers and are the MOST likely place for mutation of the virus to happen in a way that is viable.
    With regard to masks, they are pretty much ONLY good in stopping a person who has the disease from aerosolizing it, and do little or nothing to protect one who wears the mask from inhaling the virus at all. the virus passing through even the best mask is like passing a tennis ball through a 16 inch square opening.

  18. All this blather and not a word about Jacobson v Massachusetts. Very strange.

  19. “Where Does Biden Get the Authority To Mandate Vaccination?”

    Same place Trump had authority to repeal Section 230 by Executive order. His rear end.

    1. Where to you find Guy2010’s brains? Nowhere.
      Just one more TDS-addled pile of lefty shit…

    2. And when did Trump repeal 230? He did not. He asked Congress to do it, which shows he knows more about the separation of powers than you do.

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  23. He doesn’t have the authority to compel you to do any such thing, and will be null processed on it’s first pass through the wheels of justice.

    To wit: The 4th amendment ‘preserves citizens from the Democrats.

  24. This is why they ban and ridicule ivermectin and HCQ. Because this disease is NOT a dire threat to the overwhelming majority of people. Only a small percentage, with other health risks, like obesity, heart disease, etc, are at any risk from covid at all. Why don’t they have a mandate to quit smoking, or to lose weight, or to stop having unsafe sex to keep your job, or to peaceably assemble as is your RIGHT?

    What make this disease so much more dire than all the other, and more deadly, diseases out there? This is overblown and misrepresented in a naked power grab by new world order elitists.

    I will NEVER submit to this inoculation. Never. They have made it impossible. That’s the irony. It’s because of them and their mountains of lies and fabricated data that I refuse, and will never trust ANY numbers they put out in the future.

  25. “I will NEVER submit to this inoculation. Never.”

    Good. Your choice.

    “They have made it impossible.”

    Nothing has been made more possible.

  26. Biden is a fascist.

  27. The 4th amendment should stop that old fool.

  28. Got a request for donations last week.
    Reason got sizeable donations from me for years when they were a libertarian publication; now they get $1/year just so they know they have not been forgotten, just ‘rewarded’ for what they are now. And it’s easy to see that the current donations don’t pay for someone to plug in the goddam server; you can wait for a current page until you get social security.
    Pretty sure it is Welsh who is and has been the asshole in charge while Reason has become the shadow of what it was, but so long as Koch is happy, we get the current pile of shit.

  29. The fear is that the courts are like instant replay in the NFL. Even when a replay is obvious that the wrong call was made, often the call isn’t overturned because of the claim that there wasn’t enough to overturn the obviously bad call.

    Even though it is obvious that Joe Biden does not have the authority to to make his dictatorial edict, the courts could fail to rule against the authoritarian maneuver. The real risk is that the state of emergency will never end even if all COVID variants were absolutely and completely eradicated 100%.

    This would serve as a precedent that would be abused for the next crisis-porn the government and corporate decided to push. The risk is very real and progressing into dangerous territory much quicker than I previously expected.

    President Joe Biden is much more authoritarian than the terrible excuse of a President Donald Trump ever was. The narrative of the corporate media has flipped, where the media are sycophants doing the bidding of the government instead of holding Donald Trump’s feet to the fire or telling lies about him.

    With Joe Biden the corporate media holds water for him and fails to report or investigate any questionable actions, deeds and blunders. The corporate media is not worthy of any trust, so we must rely on smaller media sources that span the spectrum.

    1. “so we must rely on smaller media sources that span the spectrum”.

      Certainly not Reason. I trust the “Babylon Bee”, the “Daily Mash”, the “The Spoof” and the “Onion” more than Reason for the news.

  30. Where Does Biden Get the Authority To Mandate Vaccination?
    From his White house Chief of Staff, that put it in from of him and told him to sign it or he would “get in trouble” and be denied his ice cream until he signed the Mandate.

  31. Forcing only the unvaccinated to get tested seems to me like a violation of the equal protections clause.
    Since we know that vaccinated infected carry and spread the virus (although not as long as unvaccinated infected) to the unvaccinated, shouldn’t the rule be that everyone needs to be tested, regardless of vaccination? What is testing trying to accomplish?

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