Brandon is working hard to implement his #Unity agenda. We’re all in this together with rising inflation, a shortage of goods, rising gas and energy prices, incensed by Americans stuck in Afghanistan, and more. So, what does he do? His administration picks a fight with Texas and Florida
The White House on Tuesday warned Republican governors of Texas and Florida that President Joe Biden would override their efforts to fight coronavirus vaccine mandates in their states.
“We know that federal law overrides state law,†she said referring to state attempts to ban vaccine passports.
She accused Florida Gov. Ron DeSantis and Texas Gov. Greg Abbott of playing politics by issuing executive orders that fight vaccine passports.
“Why would you be taking steps that prevent the saving of lives that make it more difficult to save lives across the country or in any state?†she asked.
Psaki argued that the governors were “putting politics ahead of public health.â€
Except, what federal law exists that mandates citizens to take the Chinese coronavirus vaccine? Most mandates for taking vaccines come from the states when it comes to schools. Because there really is no federal law. There isn’t even a federal law regarding the crossing of state borders. There are federal laws about vaccination for foreigners entering the United States, which Brandon and his admin seem to be blowing off, though, when it comes to illegals at the border.
Further, it is not open-ended preemption, as the federal government cannot preempt when there is no Constitutional authority. The Constitution does not grant them every single power they want. The 10th Amendment makes that clear. Just because the Biden admin puts out a rule from OSHA requiring companies with 100+ employees to require vaccination does not mean it over-rides the states and what they say.
(Bono Law) On August 4, 1999, the Clinton administration issued Executive Order 13132, entitled “Federalism.â€Â It outlined a policy for how regulatory agencies of the Executive Branch should approach regulations that might conflict with state law. Section 4 of the order specifically addresses preemption. It states that agencies should restrict their interpretations of their own regulations so that they preempt state law in only three situations:
- Congress expressly authorized preemption;
- Congress intended preemption, based on “clear evidenceâ€; or
- State law conflicts with the regular enforcement or exercise of federal law.
These are still generally accepted as the three main situations in which preemption may occur.
Just because Congress passed a law creating OSHA doesn’t mean there is an open-ended ability to manufacture whatever the hell they want. There is no explicit language, which is generally the excepted requirement, including in Supreme Court rulings, allowing a vaccine mandate. They can, in fact, encourage companies to implement procedures to do away with disease in the workplace, but, nothing gives them statutory authority to create a mandate.
They might, though, have the power to require weekly testing. We’ll have to wait and see what the rule looks like. Does it provide exemptions for religious and medical reasons? And, again, why 100+ people?
Let’s Go Brandon!
#FJB
Bwaha! Lolgf
By law, OSHA can propose a rule and then wait for public comment. They cannot implement a new rule willy-nilly as Obama is proposing.
Whether one believes there should be a rule is not the question.
What is the question is “why does the left hate the law and want to violate it?”
Then again, all the left has is hate.
My apologies. That should read “as Biden is proposing.”
My bad!
I think you were right the first time. It is obvious we have a shadow president.