It was only 2 months ago that President Biden informed America of his unconstitutional vaccine mandate that would require all employers with over 100 employees to get vaccinated. The mandate would affect over 100 million workers.
To get around the blatant violation of the U.S. Consitution, the Biden Administration decided to outsource the reinforcement of the mandate to The Occupational Safety and Health Administration (OSHA) who was given the authority to enforce fines of up to $14,000 per offense to any employer who defied the mandate.
Businesses across the United States quickly scrambled to sue the Biden Administration claiming that the mandate was not only unconstitutional but also a direct unfair threat to the livelihoods of the American people who could not, for either medical or religious reasons, get vaccinated.
Under immense legal pressure and several lawsuits from legislatures across more than 50% of the United States, OSHA has now officially suspended implementation and enforcement of the Biden administration’s vaccine mandate for private employers after a federal court blocked the measure.
The OSHA website page dedicated to the COVID Vaccine Emergency Temporary Standard (ETS) reads: “While OSHA remains confident in its authority to protect workers in emergencies, OSHA has suspended activities related to the implementation and enforcement of the ETS pending future developments in the litigation.”
Last week, the U.S. Court of Appeals for the Fifth Circuit fully blocked Biden’s executive order requiring companies with over 100 workers to mandate vaccination for their employees after temporarily staying it on November 12. The court ordered that OSHA “take no steps to implement or enforce” the vaccine mandate “until further court order.”
By its mandate, the Biden administration is claiming that the federal government, through congressional legislation, has the regulatory power to issue a medical mandate for the sake of public health and therefore general welfare.
However, since the directive was announced, many legal scholars have challenged its constitutionality, given that the legislation it relies on for authority explicitly states that an ETS can only be issued when employees are exposed to a “grave danger” that necessitates immediate action. That case is becoming increasingly difficult to argue, given the fact that some vaccinated individuals can transmit the disease and that treatment options for COVID infections are expanding.