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NOT SO FAST: Biden's vaccine mandate through OSHA is no certainty -- Analysis from Andrew McCarthy, Walter Olson and Jonathan Turley

As we all know by now, President Joe Biden intends to mandate COVID-19 vaccines for millions of Americans by using the Occupational Safety and Health Administration’s (OSHA) emergency temporary standard (ETS) power that allows the bureaucracy to implement new workplace rules without the usual lengthy public comment process:


According to the president, the “grave danger” standard has been met that will allow the agency to do this:

And here’s the exact language from OSHA’s ETS on its recent ruling on COVID-19 and health care workers:

Now, first up, there aren’t even any details yet on what exactly will be in this mandate or how it will be enforced and according to CNN’s Kaitlan Collins, that’s still weeks away:

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.”

And the president’s own words *should* work against him as he said the vaccinated are at low risk from the unvaccinated:

The Cato Institute’s Walter Olson also pointed out that “courts frequently strike down emergency OSHA rules”:


“If someone tells you that what Biden announced Thursday rests only on OSHA’s accepted and uncontroversial legal powers, they’re scrubbing away a whole lot of legal complication”:

Not so fast, Mr. President:

And OSHA’s track record in court is not so great:

Well, this is *exactly* what Biden wants to do:


Conservative attorney Gabriel Malor predicts an immediate temporary restraining order:

And law professor Jonathan Turley pointed out that the “work around” that White House chief of staff admitted to with the ruling is that “the thing being ‘worked around’ is the Constitution”:

He also thinks it could fail in the courts:



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