We have previously discussed the claim of President-elect Joe Biden that he will impose a nationwide mask mandate. While most of what Biden promised as part of his pandemic plan (like free vaccinations) are already part of the federal plan, Biden insistence that he would impose a nationwide mask mandate was a distinction between the candidates during the campaign. The pledge was questioned by some of us in terms of the federal authority to enforce such a mandate. Now, Biden is emphasizing the mandate in his transition and his new Chief of Staff Ron Klain seemed to make a considerable qualification last night in an interview with MSNBC’s Lawrence O’Donnell. Klain is now clarifying that the Biden Administration would fulfill its promise of a national mandate only “where the federal authority extends.” He then added that they would simply “urge” states to follow suit. That again sounds like what is currently being done by the CDC and what is already required in federal buildings, enclaves, installations, and bases. A presidential urging is a considerable downgrade from a federal mandate. Legally, it is like going from a promise of a moon shot to a promise to visit the local planetarium.
In the interview, Klain says that Biden has promised that on “his first day in office, I will issue a nationwide masking mandate, requiring that people wear masks where the federal authority extends and then urging governors and other local officials to impose mask mandates in their states.”
That is not quite what he promised. It was not a national “urging” but a mandate. Biden at first recognized the question over such authority but then announced that he was told by his lawyers that he has the authority to impose a nationwide mandate. Those changed positions were hit by the Trump campaign.
Biden campaigned on the assurance that he could impose the national mandate. Now, after the election, he seems to be acknowledging that he does not have such authority.
Just as I criticized President Donald Trump for overstating his authority in the pandemic, I have questioned Biden’s claims that he could impose the national mask mandate. There is no law that expressly affords him that power as president. We have discussed Section 361 of the Public Health Service Act (PHSA), but that law grants the Secretary of Health and Human Services (and designated subordinates in the CDC) authority to make and enforce regulations necessary “to prevent the introduction, transmission, or spread of communicable diseases from foreign countries into the States or possessions, or from one State or possession into any other State or possession.”
A national mandate would push that language to the breaking point. It would change the meaning of interstate border protections into a sweeping right to regulate the intrastate conduct of citizens. Even if the law could be construed to hold such a meaning, it would raise the same federalism issues that we discussed earlier.
Now Klain seems to suggest that Biden would only order the wearing of masks in federal properties and enclaves. That is already being required by the CDC in federal buildings with signs like this one. The Biden Administration could change it to read “REALLY DO CHOOSE MASKS” but the mandate is already in place for federal buildings. Likewise, thirty-four states are already mandating masks. Some are not. It is not clear how this “urge” for the 16 remaining states differs dramatically from what the Trump Administration has stated. He may view the past calls as merely a “nudge” rather than an “urge” but the difference is hard to discern. What is clear is that Biden did not want to run on a national urging policy.
Do you suppose Uncle Joe is wishy-washy, nah he’s just a democratic, say one thing do another! What a party!!!
Trump had better pull the trigger on this, ASAP.
“What is John Brennan So Worried About?
Given the uncertainties of Donald Trump’s actions as he faces a White House exit, the possible declassification of certain documents has the former CIA director sweating.”
https://consortiumnews.com/2020/11/13/ray-mcgovern-what-is-john-brennan-so-worried-about/
Trump hired far too many deep state actors. But now he can employ an all bets are off strategy. It remains to be seen if he’s got the balls to do so.
But it would be very fun to watch. I love the smell of spook sweat in the morning.
Wa..wait Rhodes. You’ve been guaranteeing a Trump victory here for months and as recently as yesterday, but now you’re questioning his manhood and speculating on his exit. I’ve been telling you he’s a p…y and was on his way out for months.
You’re welcome Rhodes!
As you know, ChiCom. Trump did win.
“now you’re questioning his manhood and speculating on his exit”
Did you actually read the article, dumbo?
Brennan is sweating for good reason. Apparently so are you.
Rhodes the Russian troll continues to call anyone he disagrees with a ChiCom.
“The Covidian Cult”
https://consentfactory.org/2020/10/13/the-covidian-cult/
“Which means we have a serious problem, those of us to whom facts still matter, and who have been trying to use them to convince the Covidian cultists that they are wrong about the virus … for going on eight months at this point.
While it is crucial to continue reporting the facts and sharing them with as many people as possible — which is becoming increasingly difficult due to the censorship of alternative and social media — it is important to accept what we are up against. What we are up against is not a misunderstanding or a rational argument over scientific facts. It is a fanatical ideological movement. A global totalitarian movement … the first of its kind in human history.”
BTW, the author of this is a lifelong liberal who is no fan of Trump.
“What is clear is that Biden did not want to run on a national urging policy.”
Biden can’t remember what he had for lunch today. Much less what he ran on.
Democrats are intent on killing millions of more Americans by Dec 31 with their deadly, unscientific, failed lockdowns.
Northam wants to kiss us in Virginia.
https://www.governor.virginia.gov/newsroom/all-releases/2020/november/headline-861342-en.html
Governor Northam Announces New Statewide Measures to Contain COVID-19
The following measures will take effect at midnight on Sunday, November 15:
Reduction in public and private gatherings: All public and private in-person gatherings must be limited to 25
The Great Barrington Declaration
Current lockdown policies are producing devastating effects on short and long-term public health. The results (to name a few) include lower childhood vaccination rates, worsening cardiovascular disease outcomes, fewer cancer screenings and deteriorating mental health – leading to greater excess mortality in years to come, with the working class and younger members of society carrying the heaviest burden. Keeping students out of school is a grave injustice.
Keeping these measures in place until a vaccine is available will cause irreparable damage, with the underprivileged disproportionately harmed.
https://gbdeclaration.org/
My Doctor signed the Barrington Declaration.
What do you expect? Their stooges didn’t have the time/were too ignorant to change ALL of the seats but POTUS, and the dems know their asses are grasses. They can’t keep up any part of what they’ve been screaming for the past four years and expect to not get absolutely slaughtered in the midterms. Do you honestly think AOC ‘decided’ to leave politics as she’s suggested she might, or do you think a DNC that clearly sees it is not in favor and has had its lunch eaten told her to shape up or ship out? It’s beyond absurd, and beyond transparent. No way a POTUS with Trump’s numbers miraculously lost while so many gains were made in BOTH other branches.
I doubt very much that older and law abiding citizens would resort to the tactics of the leftist spoiled brat brigades, but civil disobedience may be about to become HUGE. The stuff coming out about the code from voting machines is damned intriguing, too. That this chicanery is the work of party that claimed Russian interference is becoming the biggest joke of the century – this one or the last. Few over 40 are buying it, and at this point, that’s the majority of us, sorry young’uns.