Vaccine mandates by Federal decree are being questioned. The Supreme Court of the United States is set to hear on the constitutionality of these mandates on January 7th, however in a stunning admission from President Biden, "There is no federal solution. This gets solved at a state level."
White House press secretary Jen Psaki said the administration is confident in the legal authority of both policies and that the Justice Department would defend both.
“Especially as the US faces the highly transmissible Omicron variant, it is critical to protect workers with vaccination requirements and testing protocols that are urgently needed,” she said in a statement. “At a critical moment for the nation’s health, the OSHA vaccination or testing rule ensures that employers are protecting their employees and the CMS health care vaccination requirement"
Many Conservatives disagree with this mandate. Heritage Foundation a conservative think-tank has joined in the fight against the mandates. Heritage Foundation President Kevin Roberts said, “The American people should be able to make their own personal medical decisions without the federal government forcing their employers to punish them or collect their private information,”
They argued that OSHA does not have the statutory authority to impose a vaccine mandate on private employers. The mandate exceeds the federal government’s authority under the Commerce Clause and violates the 10th Amendment to the U.S. Constitution.
The Tenth Amendment specifically limits the role of the federal government. Claiming, The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
The Biden Administration is finding that despite the Court's ruling allowing this mandate to be upheld temporarily until the Supreme Court hears arguments, there is a good deal of pushback. Lindsay Wiley, a health law professor at American University's Washington School of Law. said, "This isn't really a case about emergency public health powers or even vaccination law, so much as it's a case about how much flexibility do administrative agencies have to respond to a problem or a threat without waiting for specific authorization from Congress,"
How much control should the Federal Government exercise over American Citizens? This argument will be heard on January 7th from the Supreme Court. Should the Biden Administration be successful with its vaccine mandate it will change the course of American sovereignty forever.
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