Biden Presidency - Authoritarian Nightmare Incoming

GURPS

INGSOC
PREMO Member
NOT SO FAST: Biden’s vaccine mandate through OSHA is no certainty — Analysis from Andrew McCarthy, Walter Olson and Jonathan Turley




But even when they do get around to writing this rule that has us all fighting with each other, there’s a really good shot that it fails in the courts. From former Assistant U.S. Attorney Andrew McCarthy:

From his analysis:

Though we await the full legal rationale, the Biden plan on the White House website says the order will come through the Department of Labor’s Occupational Safety and Health Administration, which will issue an Emergency Temporary Standard (ETS) to implement the requirement. In other words, the rule will be expedited to avoid the comment period that typically allows those who would be affected by a given order to weigh in. While OSHA has authority to set certain health and safety standards in the workplace, it would be stretching its authority to claim that it can be used as a means to facilitate broader public-health goals. Just this July, the Congressional Research Service updated a report on the emergency standard and noted that OSHA “has rarely used this authority in the past—not since the courts struck down its ETS on asbestos in 1983.”



 

herb749

Well-Known Member
More blah, blah, blah. So what if everyone was vaccinated but people still got covid .? Vaccinated people are getting covid. With the vaccine I got being 95% certain not to die from it, what would the vaccination rates be if they at 1st said, you can still get it while vaccinated.
 

GURPS

INGSOC
PREMO Member
Section 655(c) of the OSH Act


To begin, vaccines requirements are the province of the states, which can mandate them pursuant to their general police power. As the federal government has no police power, it has no general authority to require people to take certain vaccines.

Biden has tried to get around that problem by casting COVID-19 as a workplace safety issue, and to use the Occupational Safety and Health Act of 1970, or OSH Act, to shoehorn in a vaccine mandate as a workplace safety standard.

Workplace standards are typically issued under Section 655(b) of the OSH Act, whereby interested parties are notified of the proposed rule, data and comments are solicited from the public, objections can be filed, and hearings can be held.

In putting in place this vaccine mandate, however, the Biden administration is relying on Section 655(c) of the OSH Act. That section allows the Secretary of Labor to immediately enact a rule – called an Emergency Temporary Standard, or ETS – that remains in effect for up to six months without going through the normal notice and public comment rulemaking process.

Because this emergency route dispenses with the full panoply of procedural protections, federal courts have described the ETS provision as “the most dramatic weapon in OSHA’s enforcement arsenal” and an “extraordinary power” that should be “delicately exercised.”

Indeed, even though the OSH Act has been around for over 50 years, its ETS provision has been used just nine times – and never to compel workers to take a vaccine.

This infrequency owes to the fact that, under the law, the Secretary can only implement an emergency rule if he first finds substantial evidence that workers are exposed to a “grave danger” from “new hazards” and that the emergency rule is “necessary” to protect them from such danger.

This standard is exceedingly difficult to satisfy. While three of the nine previous emergency rules were not subjected to any legal challenges, courts stayed or struck down five of the remaining six.

That’s not a good batting average, and Biden’s vaccine mandate looks like it’s on track to strike out, as well.
 

GURPS

INGSOC
PREMO Member
Dr. Leana Wen: Mandate Doesn’t Go Far Enough, You Cannot Travel Without a Vaccine


Last night on CNN she said Biden’s mandates do not go far enough:

“I don’t think it goes far enough. I actually think that what zeke [sic] said about interstate travel was exactly right, but in this case we have childhood immunizations [sic] that we don’t even think about. All 50 states have laws on the books to require childhood immunizations which we should be looking at the Covid vaccine the same way. When it comes to employers, I think what the Biden administration did was quite brilliant because it gives air cover for businesses that have wanted to do this, that have wanted to put vaccine mandates in place, but they didn’t want to have their employees complain about them. Now they can say, hey, we didn’t really want to do this, but the administration, the federal government, is making us do it. It also helps to level the playing field so that people aren’t then going to threaten to go to another workplace if every workplace has that same requirement. That’s a good thing. I don’t think this is overreach. I think this is what’s needed in the middle of a pandemic, and I think the Biden administration, if anything, could have gone further.”

Oh, it gets better.

Wen upped her tyrannical views this morning on CNN. She wants the government to ruin your life if you refuse to get a vaccine.

You know, these people better remember that there are some people who cannot get the vaccine for health or religious reasons. They should not shame anyone, I know. But there are plenty of people who want the vaccine and cannot have it.

“I absolutely think we should have that requirement. I think it is a major over sight on the the part of Biden administration to not issue this yesterday. And we have to talk about the reason. The reason isn’t so much that we need to keep train travel and plane travel even safer. They are pretty safe. Although I definitely think that having a vaccine requirement would make it even safer and probably encourage many people who are vaccinated or who have young kids and want to protect them, maybe it will help to encourage those people to start traveling again. But there is an even bigger reason too, which I think we need to make it clear that there are privileges associated with being an American. That if you wish to have these privileges, you need to get vaccinated. Travel, and having the right to travel in our state, it’s not a constitutional right as far as I know to board a plane, and so saying that you want to stay unvaccinated, that is your choice, but if you want to travel, you better go get that vaccine.”
 

GURPS

INGSOC
PREMO Member
Biden Vax Mandate In ‘Chaos’: OSHA ‘Underfunded’ And ‘Toothless,’ Employers Worried About ‘Millions Of Dollars’ In Testing Costs



efore the first legal challenges against the mandate roll in, the Biden administration faces the more immediate conundrum of whether the chronically resource-strapped Occupational Safety and Health Administration (OSHA) is up to the task of enforcing it,” Business Insider noted Tuesday.

“It’s reeling from deep staffing cuts under the Trump administration, and its fines are relatively low and often fought out in long court battles,” experts told the outlet.

The Trump cuts left just “1,798 total OSHA inspectors, federal and state, coming out to one inspector per 82,881 workers and just $3.97 budgeted per covered worker,” according to Business Insider. According to a similar report from Reuters, “OSHA now has an estimated 800 safety and compliance inspectors to cover the more than 100,000 private-sector companies affected by the new rule.”
 

GURPS

INGSOC
PREMO Member
Arizona Files First Lawsuit Over Biden Vaccine Mandate




Brnovich’s lawsuit argues “Biden’s vaccine mandate violates the Equal Protection Clause by favoring migrants that have crossed into the country illegally over legal U.S. citizens. The Biden Administration allows migrants to decline the vaccine, protecting their freedom and bodily autonomy more than American citizens,” according to a press release from the Arizona attorney general’s office.

“Even President Biden’s own Chief of Staff Ronald Klain acknowledged the federal government lacks the legal authority to impose a COVID-19 mandate but is doing so anyway with this ‘ultimate workaround,’” the release continued, referring to Klain’s promotion of a tweet from NBC News anchor Stephanie Ruhle. Ruhle’s tweet said, “OSHA doing this vaxx (sic) mandate as an emergency workplace safety rule is the ultimate workaround for the federal govt to require vaccinations.”
 

GURPS

INGSOC
PREMO Member
'Knox County Will Not Comply': Tennessee Mayor, Professional Wrestler Bodyslams Biden's Vaccine Mandate



"Dear President Biden," the letter begins. "I am writing regarding your impending executive order mandating that all businesses with 100 or more employees require COVID-19 vaccines for workers or implement weekly testing. Knox County will not comply with your mandate."

As the chief executive of an organization that employs 2,700 individuals, your action adds financial, legal, and regulatory burdens that will ultimately impact Knox County taxpayers. In addition, it potentially hinders our ability to attract quality employees since many folks in our community will not work somewhere that unjustly imposes vaccine mandates.
As a fellow elected official who has sworn an oath to uphold the US Constitution just as you have, I am alarmed by the alacrity with which you issued this order, contradicting both Article 1, Section I-which vests legislative power in the Congress-and the Tenth Amendment-which recognizes the sovereignty of the states or the people over matters the Constitution does not delegate to the federal government.
It would be one thing if you were ignorant of these abuses, but, incredibly, your own Chief of Staff, Ron Klain, retweeted the following: "OSHA doing this vaxx mandate as an emergency workplace safety rule is the ultimate work-around for the Federal govt to require vaccinations." Instead of humbly contemplating the implications of trampling constitutional process, your top aide is gloating like the cat who ate the canary.
Mr. President, if we, as elected officials, ignore, disregard, and contravene the laws which bind us, how can we expect our fellow citizens to respect and follow the laws which bind all of us as a society?
 

GURPS

INGSOC
PREMO Member

Biden’s War on Red State COVID Patients

How many patients will die because of Joe’s political vendetta against GOP states?



For the Biden administration, “equitable” means arbitrarily restricting red state access to mAb treatments and forbidding direct purchase by providers — all based on the false claim that places like Florida are monopolizing these therapies due to their dilatory vaccine rollouts. In reality, red state distribution of vaccines outpaced their blue counterparts when the jabs first became available. And, mendacious media reports notwithstanding, 70 percent of Florida’s residents have received at least one shot, including 88 percent of its largest-in-the-nation senior population. Even with the latest Delta variant spike, Florida has a lower Confirmed Case Fatality Rate (1.44%) than two-thirds of its counterparts.

Florida’s GOP governor, Ron DeSantis, was clearly outraged that the Biden administration is willing to harm and even kill COVID patients for the sake of politics: “I will fight like hell to overcome Biden’s cruel decision to drastically reduce lifesaving monoclonal antibody treatments for Floridians.… It’s wrong to penalize Florida for his partisan bitterness.” The Governor went on to point out the decision wasn’t merely bad for the health of Florida residents, it was yet another of our president’s trademark flip-flops. Biden himself quite recently pledged that he would increase the pace of mAb shipments by 50 percent. Gov. DeSantis disposed of that disingenuous promise as follows:

Just last week on September 9, President Joe Biden said that his administration would be increasing shipments of monoclonal antibodies in September, by 50 percent. And yet, on September 13, HHS announced that it was seizing control of the monoclonal antibody supply and it would control distribution. And then on September 14, the announcement was that more than 50 percent of the monoclonal antibodies that have been used in Florida were going to be reduced.… There’s going to be a huge disruption and patients are going to suffer as a result of this. So, we’re going to work like hell to overcome the obstacles that HHS and the Biden administration have put on us.
 

GURPS

INGSOC
PREMO Member
Biden’s Vaccine Browbeating Backfires … But COVID Rates Fall Anyway



There’s another problem with Biden’s bullying. The Delta surge appears to have already peaked and is on the decline in many states, including those with the lowest vaccination rates.




As a matter of fact, there doesn’t seem to be any correlation whatsoever between statewide vaccination rates and the current trend in new COVID cases.

In Florida, which Biden repeatedly bashes for not kowtowing to his wishes, the number of daily new COVID cases has been in decline for the past 30 days. In Texas, another state that raises Biden’s ire, the number of new cases appears to have peaked.

Rates of new cases have been in decline in Mississippi, a state where less than 42% are fully vaccinated, and Georgia, where less than 44% are vaccinated.

But the number of new cases is on the rise in Vermont and Maine, which have the highest and second-highest vaccination rates in the nation (69% and 67% are fully vaccinated, respectively, in those two states).

There’s also the fact that – as we pointed out in this space last week – the figures being bandied about on hospitalizations from COVID are wildly exaggerated. And the death rate among those testing positive for COVID has never been lower.
 

GURPS

INGSOC
PREMO Member
Big Brother Alert: Biden's Vaccine Mandate Just Got Even More Insane


The White House issued “Guidance for Federal Contractors and Subcontractors” on Friday detailing the new vaccination policy. The COVID-19 workplace safety protocols “will apply to all covered contractor employees, including contractor or subcontractor employees in covered contractor workplaces who are not working on a Federal Government contract or contract-like instrument.” The goal, according to the guidance, is to “decrease the spread of SARS-CoV-2, the virus that causes COVID-19, which will decrease worker absence, reduce labor costs, and improve the efficiency of contractors and subcontractors performing work for the Federal Government.”

Working remotely from home will not save you from the federal vax police.

An individual working on a covered contract from their residence is a covered contractor employee, and must comply with the vaccination requirement for covered contractor employees, even if the employee never works at either a covered contractor workplace or Federal workplace during the performance of the contract.


NONE of which has ANYTYHING to do with ' workplace safety '
 

GURPS

INGSOC
PREMO Member


A 97% or 98% vaccination rate? He thinks we’ll get close? That’s what we need to shoot for in order to get back to normal?

Is there a 97% or 98% vaccination rate for anything?

Like Joe Biden, we also know that one thing is for certain: he is not a scientist. He’s doesn’t even play one on TV.

So when he tells us that we need to follow the science, which “science” is he actually following?


 

GURPS

INGSOC
PREMO Member
Dems Sneak OSHA Enforcement Provision Into $3.5T Reconciliation Bill, Violations Of Biden Vaccine Mandate Could Now Cost $70K To $700K: Report


“Buried on page 168 of the House Democrats’ 2,465-page mega bill is a tenfold increase in fines for employers that ‘willfully,’ ‘repeatedly,’ or even seriously violate a section of labor law that deals with hazards, death, or serious physical harm to their employees,” Forbes reported Tuesday.


“The increased fines on employers could run as high as $70,000 for serious infractions, and $700,000 for willful or repeated violations—almost three-quarters of a million dollars for each fine,” the outlet noted, adding that if the provision is “enacted into law, vax enforcement could bankrupt non-compliant companies even more quickly than the $14,000 OSHA fine anticipated under Biden’s announced mandate.”
 

GURPS

INGSOC
PREMO Member
State Governments Preparing ‘Quarantine Facilities’ For Americans Unable to Isolate at Home


Titled ‘Isolation & Quarantine Team Consultants’ – the job offers “continuous” employment with a salary of up to $4286 dollars a month.

The facility is located “within a motel in Lewis County” and employees will be tasked with providing for COVID infectees “transportation to and from the facility in vans that have been altered to separate air flow to protect the driver.”

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“The state Isolation and Quarantine facility was created for individuals who are not Washington residents but are traveling in our state and test positive for COVID-19 or who have been exposed to someone who tests positive and do not have a residence or other location in which to spend their 10-14 day isolation or quarantine period.”

The advertisement for people to work in quarantine facilities follows the CDC’s publication earlier this summer of a COVID-19 planning document that suggested relocating “high-risk individuals” to “green zones” or “camps” in order to keep them away from the rest of the population.

The document is called Interim Operational Considerations for Implementing the Shielding Approach to Prevent COVID-19 Infections in Humanitarian Settings and was originally published on the CDC’s official website on July 26, 2020.


 
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