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Thomas Gallatin / November 23, 2021

Where Biden’s Federal Vaccine Mandate Stands

Yesterday was the deadline for all federal employees to be fully vaccinated for COVID.

Joe Biden’s COVID vaccine mandate issued earlier this year was actually a three-pronged approach at strong-arming Americans into getting the jab. Biden’s mandate set three different compliance deadlines, with the first one affecting all federal workers having just past yesterday, November 22. The next full compliance deadline that applies to all medical and healthcare workers that engage with the Centers for Medicare and Medicaid Services, as well as all federal contractors, is January 4. And the third group, also with a compliance deadline of January 4, are workers in private companies with 100 or more employees via a new rule from the Occupational Safety and Health Administration.

Individuals from all three targeted groups have been joined by at least 27 states in raising lawsuits against the Biden administration. Of these suits, the ones raised against Biden’s OSHA mandate targeting private companies appear to have the best chance at succeeding. As we recently noted, the Sixth Circuit Court of Appeals was chosen by lottery to hear all the cases affecting some 84 million Americans, and that court maintained a stay issued by the Fifth Circuit Court against the OSHA mandate on private employers until a final ruling is delivered.

The Sixth Circuit’s stay, however, does not cover federal employees, healthcare workers, or federal contractors. These workers are still under Biden’s mandate and will be required to comply or face possible termination. The White House says more than 90% of federal workers “have had at least one shot.”

Republican-run states have led the way against Biden’s abuse of power, contending that his vaccine mandate — especially in targeting private businesses — is an infringement of the Tenth Amendment. Bolstering this argument is the fact that several states, the most recent example being Florida, have passed laws barring business from mandating that their employees receive or their patrons provide proof of COVID vaccination.

“The Biden Administration has repeatedly expressed its disdain for Americans who choose not to get a vaccine, and it has committed repeated and abusive federal overreach to force upon Americans something they do not want,” asserts Texas Attorney General Ken Paxton. “The federal government does not have the ability to strip individuals of their choice to get a vaccine or not. If the President thinks his patience is wearing thin, he is clearly underestimating the lack of patience from Texans whose rights he is infringing.”

Of course, the Biden administration doesn’t see it that way, and today it once again petitioned the Sixth Circuit to lift its stay on the OSHA mandate. The White House dubiously contends that “Congress charged OSHA with addressing grave dangers in the workplace, without any carve-out for viruses or dangers that also happen to exist outside the workplace.” Lack of defined parameters does not equate to permission to exceed congressionally instituted limits.

Preserving Americans’ freedoms should always take precedent over loudly voiced political concerns for “safety.” The true spirit of America is not found in “safety first” diktats, but rather in the indelible words of Patrick Henry: “Give me Liberty, or give me death.”

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