By: Mike Nichols
Joe Biden wants to require you to get a vaccine, and while we believe the vaccine is safe, his order for mandatory inoculation is grossly unconstitutional.
I am in healthcare, specifically in addictions medicine as it relates to those combat veterans suffering from Post-Traumatic Stress Syndrome or general trauma. Given my potential for exposure by a vulnerable population, I got the Pfizer vaccine in January. My wife, a NICU nurse, also got early dosages of the Pfizer medication. Neither of us suffered adverse reactions of any kind.
I need to make this clear to you: I don’t care how many Google articles you’ve read, I don’t care how many ridiculous conspiracy theories you’ve embraced, I don’t care what you think you know ─ the CCP virus vaccines are safe.
The vaccines do cause some issues among a very small group of patients, such as anaphylaxis heart issues in a very, very small portion of the population. The medical incidents brought on by the vaccines are far fewer ― not greater than ― those caused by vaccines in the past.
In short, you are being foolish by not getting the vaccine. Those are the facts.
But there are other facts that also need to be made clear. Biden’s gross constitutional overreach in ordering federal employees to get the vaccinations and, far worse, ordering private businesses with over 100 employees to get the vaccine is a new step toward tyranny in the United States.
While the evidence is strong for protection from the CCP virus from the vaccines, no one ― let me repeat that, no one ― should be coerced into getting it.
Biden on Thursday signed two executive orders: one requires vaccination for most federal workers ─ USPS workers apparently and inexplicably exempted ─ with limited medical and religious exemptions for other federal employees, and another forcing federal contractors to also vaccinate their workforces.
The president also announced a new Labor Department policy requiring workers at private companies with 100 or more employees to get vaccinated or submit to weekly testing, with fines of up to $14,000 per violation. Punishment for violating the later caveat are fines of up to $14,000 per violation.
Biden described his justification for a package of vaccine mandates in stark terms, claiming vaccination falls outside matters of “freedom or personal choice.”
Excuse me? This is nothing less than an issue of “freedom and personal choice!”
Well, never mind, Biden’s apparently exempt from having to answer questions about his illegal orders ― ignoring questions as to the constitutionality of the order or how he expected to enforce the orders beyond the enormous fines, he walked away from the cameras without a single additional word. This time, we got a shot of his profile instead of his back.
“We’ve been patient, but our patience is wearing thin, and your refusal has cost all of us,” Biden said in his ignoble speech. “This is not about freedom, or personal choice. It’s about protecting yourself and those around you.”
Postal workers will have a choice between getting the vaccine and getting tested for COVID-19 once a week, a Biden administration official clarified, subjecting those workers to the rules being imposed on business of 100 employees or more, as opposed to the rules for federal employees.
“USPS is not included in the executive order requiring vaccination of Federal employees. USPS has a separate statutory scheme and is traditionally independent of federal personnel actions like this,” a Biden administration official said.
Sure. And the Fascist Democrats also have to depend on the USPS workers to deliver the fraudulent ballots with which they intend to scam the 2022 elections. Don’t want to piss them off.
According to CDC data, 75.3 percent of U.S. adults have had at least one coronavirus vaccine shot. But vaccination rates vary among states and the national infection rate is as high as it was in late January when few Americans were vaccinated.
Data indicate that young people, Republicans and members of some minority groups, including African-Americans and Hispanics, are less likely to be vaccinated. That reality is absurd. There is nothing to fear from the vaccines, as proven by the fact that over 375 million doses have been given in the U.S. and fewer than 1,400 have had complications from the vaccine.
The best example of that is the two-week shut-down of the Johnson & Johnson vaccine after it allegedly caused 45 people in the U.S. to develop thrombocytopenia syndrome, or low platelet count. Platelets (thrombocytes) are colorless blood cells that help blood clot. Platelets stop bleeding by clumping and forming plugs in blood vessel injuries Short-circuiting the process sounds terrible, except no one died from it, and that was 45 people out of 143 million doses of the J&J vaccine.
Consider that there were well over 63,000 cases of what was known as Vaccine-associated paralytic polio (VAPP) associated with the polio live-virus oral vaccines given throughout the Western world in the 19160s and the 1970s. This adverse reaction was the result of certain individuals’ bodies actually reducing immunity to polio rather than increasing it.
Compare that to the mRNA vaccines produced by Pfizer and Moderna. As of September 7, 1,404 reports of myocarditis or pericarditis among people ages 30 and younger who received the CCP virus mRNA vaccines. Most cases have been reported in male adolescents and young adults. Through follow-up, including medical record reviews, CDC and FDA have confirmed 817 reports of myocarditis or pericarditis. CDC and its partners are investigating these reports to assess whether there is a relationship to COVID-19 vaccination.
These are not, by comparison to literally thousands of vaccines introduced in the past, dangerous vaccines. To believe otherwise is to engage in hubristic foolishness.
However, being forced to get vaccinated against your own better judgment, valid or not, is not foolishness. It is unconstitutional.
What is truly confusing regarding the administration’s reporting of so-called adverse reactions to the vaccines is that their efforts appear to undermine confidence in the vaccines while at the same time insisting everyone should be vaccinated. They lay blame for the rise of the far-less deadly Delta virus at the feet of the unvaccinated. It may be somewhat accurate, but the reality of Delta, Lambda and Mu is that, while they are more contagious, they are no more serious than the seasonal flu.
Numerous news organizations ― most, unfortunately, on the right ― have made ridiculous claims that it is the vaccinated that are getting sick.
Nothing could be further from the truth. CCP virus cases, hospitalizations, and deaths are rising as the more-contagious Delta variant takes hold as the dominant strain in the US. In some parts of the country, there are more hospitalizations and cases of COVID than there were last winter, the peak of the pandemic.
The vast majority of people being hospitalized with COVID and dying from the disease haven’t been fully vaccinated, according to public health officials. More than 97% of hospitalizations from CCP right now are of unvaccinated people, Dr. Rochelle Walensky, director of the Centers of Disease Control and Prevention, said at a press briefing Friday, adding: “There is a clear message that is coming through: This is becoming a pandemic of the unvaccinated.”
While the conspiracy-theory embracing ultra-right may want to believe her statements are a lie, there is nothing they can hang their hats on showing their paranoia toward the vaccines is true. That, however, does not keep this administration from deliberately keeping the entire country off-balance with nonsense, subterfuge, and the Big Lie. Or perhaps we should just lump it all under “irony.”
“Irony” is quite possibly the least-understood word in the English language. It is not, as Alanis Morissette famously sang, “a black fly in your chardonnay,” and it is most certainly not a coincidence, as most seem to believe.
Irony is the President of the United States effectively mandating a medical procedure just hours after his Vice President said that “when people are able to design their lives in a way that they can determine their own futures, we are a stronger democracy and we are a stronger nation. When people are able to make choices without government interference for themselves in terms of their well-being and the well-being of their family in consultation with whomever they choose, we are a stronger society.”
Talk about irony …
Irony is the federal government making an unconstitutional public health order on the same day it sued the state of Texas, claiming it had enacted an unconstitutional public health law.
Irony is an entire political movement that has made “my body, my choice” its slogan applauding President Biden for issuing a new rule that requires nearly a third of the U.S. population to get a COVID-19 vaccine or face mandatory weekly screenings.
Almost immediately after Biden’s handlers spoon-fed him the mandatory-vaccine Pablum, more than a dozen states and the Republican National Committee announced plans to sue the Biden Administration over his dual orders and, unironically, they are almost certain to win. Biden’s mandate is plainly unlawful as it represents an arbitrary and capricious application of the Labor Department’s rulemaking power.
While popular belief holds that government vaccine mandates have been constitutional ever since the United States Supreme Court upheld one in the 1905 Jacobson v. Massachusetts decision, the Biden Administration clearly does not believe that it can simply order all those who are eligible to get vaccinated.
If it did, Biden would have used his address to announce a nationwide universal mandate.
The fact that he did not is very telling. In Jacobson, the plaintiff, Henning Jacobson, refused to comply with Massachusetts’ mandatory smallpox vaccine because he “had been caused great and extreme suffering for a long period by a disease produced by vaccination” as a child. The state fined him five dollars (the equivalent of about $150 today), and he sued.
The Court held that Massachusetts’ vaccine mandate was constitutional because “in every well-ordered society charged with the duty of conserving the safety of its members the rights of the individual in respect of his liberty may at times, under the pressure of great dangers, be subjected to such restraint, to be enforced by reasonable regulations, as the safety of the general public may demand.”
Seventeen years later, Jacobson was the precedent that led the Court to rule in Zucht v. King that the San Antonio Public School System could deny admission to students who had not received a smallpox vaccine. In its ruling, the Court noted that Jacobson “had settled that it is within the police power of a state to provide for compulsory vaccination.”
Pretty cut and dry, right? Not quite. Five years after Zucht, the Court used the Jacobson ruling to uphold eugenics ― essentially, the barbaric, ill-conceived concept of improving the human gene pool by encouraging reproduction by people with so-called “desirable traits” while discouraging or preventing reproduction by people considered to have undesirable traits. In other words, Nazi Fascism and its “Aryan superiority” accompanied by the extermination of the Jews, the mentally ill and mentally handicapped.
In an effort to prevent the “feeble-minded” from passing on their supposedly defective genes, Virginia in 1924 passed a law that allowed the mentally disabled to be forcibly sterilized “for the protection and health of the state.” It was the project of Margaret Sanger, the founder of Planned Parenthood and it was equally barbaric to what would occur in Nazi Germany 15 years later.
It is on these universally rejected concepts that Biden’s regulators base their obscene and unconstitutional orders.
The cynical calculation here is that it will be simply too time-consuming and cumbersome for most businesses to test their unvaccinated employees each week, so they will give in and make vaccination a condition of employment.
At least large employers will. Small and medium-sized employers aren’t covered by Biden’s plan. Why not? Why is 100 the magic number of employees that forces a business to either mandate vaccines or test weekly? Why is, say, a widget factory with 99 employees exempt from this requirement but a nearly identical widget factory down the street with 100 employees is not?
The sheer randomness of the 100-employee standard renders the Labor Department’s new rule unlawful, as it violates the “arbitrary or capricious” standard of the Administrative Procedure Act. Under it, rules are invalid if they are “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.”
Biden’s new rule is promulgated by the Occupational Safety and Health Administration (OSHA) through an emergency temporary standard (ETS), which is exceedingly uncommon. In fact, the Congressional Research Service noted in July that “OSHA has rarely used this authority in the past—not since the courts struck down its ETS on asbestos in 1983.”
Courts are understandably skeptical of the use of emergency powers by federal agencies, as they can be used for draconian and unconstitutional overreach. As such, the employer vaccine mandate will and should be under a judicial microscope, especially since it so obviously violates the “arbitrary or capricious” test.
There is no rational basis for only requiring businesses with 100 employees or more to mandate vaccines or test their employees weekly. Is an office with 101 workers so much more likely to be a COVID super-spreader than a similar office with a staff of 99 that the former must test its unvaccinated employees weekly while the latter is exempt?
Of course not.
One could even make the argument that a much smaller business in a much smaller office setting — with far less space to social distance — would be more likely to see an outbreak than a larger company that could more easily separate workers or allow them to work from home.
Biden never explained how OSHA ― or, more likely, his political handlers ― arrived at the 100-employee threshold, likely because there isn’t any good reason for such an arbitrary number. Wouldn’t imposing a mandate on businesses with 50 employees get far more people vaccinated? If that is the goal, then wouldn’t imposing a mandate on businesses with 25 employees get even more people vaccinated?
This is the dictionary definition of capriciousness. Businesses can’t possibly plan for a change in the rules that govern them if the rules that govern them change with the whims of Joe Biden’s managers.
It is almost certain that Biden’s puppet masters knew well in advance that these latest mandates would face serious legal challenges. It is even probable that they know the mandates won’t survive them. It is entirely plausible — and, frankly, terrifying — that he is relying on a similar strategy that he used to extend the eviction moratorium on landlords by employing an illegal order by the CDC. The Supreme Court immediately struck down that effort.
“Here’s the deal,” he said last month, “I can’t guarantee you that the Court won’t rule that we don’t have that authority. But at least we’ll have the ability to appeal and keep this going for a while.”
Knowingly engaging in unconstitutional governance because courts take a long time to rule is about as close to despotic rule as this country has ever seen, and the distinct possibility that Biden’s Fascist controllers are running the same gambit with his vaccine mandates represents a dangerous pattern of autocratic behavior.
“So what if it’s unconstitutional? We can get away with it for as long as the courts deliberate” is no way to govern, and ironically, it will prove to be Biden’s undoing once the courts start ruling on his vaccine mandate.
Mike Nichols is a conservative, a patriot, U.S. Army veteran, licensed professional counselor, political enthusiast, sports fan and writer living with his beautiful wife Liz in the Heartland. He has a regular blog at America’s Conservative Voice on Substack and a Facebook presence at Americas Conservative Voice-Facebook.