Admission Against Interest: White House Chief of Staff Admits Vaccine Mandate is a “Work Around” the Constitutional Objections

In the law, it is called an admission against interest or an out-of-court statement by a party that, when uttered, is against the party’s pecuniary, proprietary, or penal interests. In politics, it is called just dumb. White House chief of staff Ronald Klain offered a doozy this week when he admitted that the announced use of the authority of the Occupational Safety and Health Administration (OSHA) for a vaccine mandate was a mere “work around” of the constitutional limit imposed on the federal government. The problem is that the thing being “worked around” is the Constitution. Courts will now be asked to ignore the admission and uphold a self-admitted evasion of constitutional protections.

Notably, before inauguration, Klain publicly assured the public that Biden would 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 statement was then walked back due to the lack of legal authority to issue such a mandate.

Klain retweeted MSNBC’s Stephanie Ruhle, who posted, “OSHA doing this vaxx mandate as an emergency workplace safety rule is the ultimate work-around for the Federal govt to require vaccinations.”

The “work around” was needed because, as some of us have previously during both the Trump and Biden Administration, the federal government does not have clear authority to impose public health mandates. Authority for such mandates has traditionally been recognized within state authority.

Make no mistake about it. This is a clever move to use the OSHA as the vehicle for the mandate to avoid the federalism issues of a direct mandate. President Joe Biden has been ping ponging on the issue for over a year in first suggesting that he could impose a national mandate and then admitting that he probably could not. Ironically, this move comes on the same day that Attorney General Merrick Garland denounced the “clever” use of the Texas abortion law to make it more difficult to challenge. Judging from the praise for Garland, it appears that such work arounds are noble when done for the right cause.

The question is whether this clever work around will in fact work. It might, but there are ample grounds from challenge. Under this interpretation OSHA could impose a federal mandate for any measure that impacts workers, including public health measures not directly linked to a given workplace or job. That may be more of a sticker shock for some on the federal bench, including some justices.

The move is unnecessary and therefore reckless. There are already challenges to the law which the Justice Department could join as amicus.  It would then not have to risk the creation of additional losses in court after the impressive litany of losses of the Biden Administration. This was another filing that followed a public call from the President. It is again politics driving litigation by the Justice Department. The media covered such pressure extensively during the Trump Administration and legal experts objected that the Trump White House was attacking the independence of the Justice Department and other agencies. There is little attention to his pattern that extends from immigration to debt relief to the eviction moratorium.

The retweet by Klain will not be determinative in this case but it will be heavily referenced by challengers. He was saying the quiet part out loud.  However, the real question is why the Administration would bring a case that is unnecessary to litigate a theory that is at best novel and untested. For a department known for its reluctance to bring such test cases to avoid negative precedent, the declaratory judgment says more about the political than legal priorities of the Administration.

137 thoughts on “Admission Against Interest: White House Chief of Staff Admits Vaccine Mandate is a “Work Around” the Constitutional Objections”

  1. I’ve caught wind of people talking about a possible class action lawsuit against the Biden Administration and all the companies that are mandating their employees get an EXPERIMENTAL vaccine from those that have or will lose their jobs because of non-compliance with the vaccine mandates.

    What’s the constitutionality of such a lawsuit?

  2. Sorry to over post (if that’s possible) but another update to my original post. This one a sad and frightening development that I think people need to get their heads around. Take a minute and consider what happened to this woman.

    Veronica Wolski, a former Bernie Sanders supporter who then switched to Trump when the Covid scare came out, suffered from Hyperthyroidism. She supposedly contracted the Covid virus and it progressed to Pneumonia. She ended up at the intensive care unit of Amita Health Resurrection Medical Center where she was apparently held against her will. Demands for her to be released met a brick wall with the Hospital. She wanted alternative treatments to the deadly treatments the hospitals are forcing on patients, that is forced intubation via a chemically induced coma. She didn’t get her request, and was apparently intubated (drugged so she couldn’t resist, then intubated while the doctors blasted her lung tissue with raw oxygen) .

    Apparently there were family and friends fighting to get her released to the care of other physicians however the hospital refused. An attorney tried to get her released to those with power of attorney over her health in such an emergency but again the hospital refused and held her apparently against her will. Video shows a Chicago Police Officer outside the hospital demanding to be let in to perform a “Wellness check” but the hospital refused.

    She died in the intensive care unit of Amita Health Resurrection Medical Center early Monday morning.

    Now she won’t be speaking out against their policies and procedures any more. They silenced her. Drugged her into a coma, forced a tube in her mouth then pumped in raw oxygen until her lung tissue gave out. Then said she died of covid. They refused her family and attorney’s demands to release her. This is a nightmare.

    Are we learning yet?

    https://www.yahoo.com/news/veronica-wolski-chicago-woman-center-144200146.html

  3. Maybe it’s starting to appear that it’s really just politically driven, rather than public health driven.

    Like for example: Why are the very same Democrats who are pushing the vaccine today, the very same Democrats who said these things about the very same vaccine, when Trump was in office?

    Or maybe the CDC and other health organizations are being pressured for political reasons.

    2 top FDA officials resigned over the Biden administration’s booster-shot plan, saying it insisted on the policy before the agency approved it, reports say

    Think about it: Do you understand how resistant strains evolve? They are hit with a vaccine/agent/detergent that doesn’t stop or kill 100%, but does “kills 98%!” (viruses aren’t really alive) Those 2%, are the resistant strain, and resistant and the previous strain mutates together, and the new strain is now more dangerously resistant.

    Food for thought: Would the same “concerned about the serious dangers of Covid” Government leadership that called Trump a racist for stopping travel from China on January 31, 2020, for only a few confirmed cases of Covid in the United States; when on March 3, 2020 there was only 102 case of the Wuhan virus in the U.S. Nancy Pelosi invited everyone to Chinatown on February 24, 2020

    But now masks and vaccinations are the answer!

    Are these masks the same masks as would be used by medical professionals or microbiologists if the virus in question were SARS or Ebola?

    If not, why not?

    Or would the medical professionals and microbiologists use a protective biosuit with SCBA, because of the danger?

    If Covid were as serious, as we’re being told to believe it to be, wouldn’t the used masks themselves then be considered a biohazard?

    If the masks were possibly contaminated with SARS or Ebola; wouldn’t the masks be required to be disposed of in a proper biohazard desposal container…and not just tossed on the ground or in the trashcan at Walmart?

    If the danger from Covid is as serious as we’re told to believe; wouldn’t the Biden Administration work diligently to STOP the ILLEGAL ALIENS from entering the Country? And certainly wouldn’t be sending UNVACCINATED and possibly Covid positive Illegal Aliens all over the United States?

    If Covid is as dangerous as we’re being told to believe it to be…even vaccinated; why would Obama have over 600 guest, sitting unmasked and close together?

    Now, if you get fully vaccinated; then you can’t get Covid, right?

    You CAN?! SERIOUSLY?!

    Well, if you’re fully vaccinated, you don’t have to wear one of those masks right?

    WHAT?! YOU STILL DO?!

    Well, if you’re fully vaccinated, at least you can’t still spread Covid, right?…or is the new strain more resistant because of the previous vaccine?

    1. Maybe it’s starting to appear that it’s really just politically driven, rather than public health driven.

      My understanding is Congress and their staff are exempt from the vaccine mandate.

  4. For anyone who read my previous comment on this thread from a few days ago sharing my own experience with my own Father and the corrupt for hire medicine we now are subjected to, and felt it was an isolated experience and not the norm, I thought I’d share this article from the New York Times today penned by three investigative journalists, Katie Thomas, Robert Gebeloff and Jessica Silver-Greenberg. (link to the article below)

    As I pointed out, Hospitals and doctors are not interested in keeping you healthy, they are interested in keeping you just sick enough to pump you for all the insurance money and medicare\medicaid they can get, then let you die. Often miserably. Like they tried to do to my Dad, and ultimately succeeded. No attention is given on health, its given on pharmacology, so pharmaceutical manufacturers can sell their wares to an unsuspecting public of insured guinea pigs. I don’t blame people for being naïve, its hard to know who to listen to these days and it takes research and life experience and a desire to know, along with a healthy dose of old school skepticism that was routinely deployed by the wiser citizenry whenever a snake oil salesman came to town. But its essential if you want to not just survive but thrive. Because the doctors will not help you thrive. They’ll keep you alive, for a while, but they won’t help you remain healthy.

    The cocktails of drugs fed to my Dad along with the accompanying cocktail of drugs given to him to counteract the first, was not an isolated incident. Its routine. And it gets worse, the older you get and the more vulnerable you are.

    I encourage anyone to read this article from today’s New York Times as it sheds a glaring light on a great evil that we are all bowing and genuflecting too or being brow beaten into doing by our peers and other busy bodies online and in the workplace. This is just an excerpt from the article but spells out what I wrote in my earlier comment in real life examples other than my own.

    From the New York Times, Sunday, Sept 12 2021 –

    David Blakeney, 63, was restless and agitated. The home’s doctor wanted him on an antipsychotic medication called Haldol, a powerful sedative.

    “Add Dx of schizophrenia for use of Haldol,” read the doctor’s order, using the medical shorthand for “diagnosis.”

    But there was no evidence that Blakeney actually had schizophrenia.

    Antipsychotic drugs — which for decades have faced criticism as “chemical straitjackets” — are dangerous for older people with dementia, nearly doubling their chance of death from heart problems, infections, falls and other ailments. But understaffed nursing homes have often used the sedatives so they do not have to hire more staff to handle residents.

    The risks to patients treated with antipsychotics are so high that nursing homes must report to the government how many of their residents are on these potent medications. But there is an important caveat: The government does not publicly divulge the use of antipsychotics given to residents with schizophrenia or two other conditions.

    With the doctor’s new diagnosis, Blakeney’s antipsychotic prescription disappeared from Dundee Manor’s public record.

    Eight months following his admission with a long list of ailments — and after round-the-clock sedation, devastating weight loss, pneumonia and severe bedsores that required one of his feet to be amputated — Blakeney was dead.

    A New York Times investigation found a similar pattern of questionable diagnoses nationwide. The result: The government and the industry are obscuring the true rate of antipsychotic drug use on vulnerable residents.”

    —-

    It is important to remind people that those dying of “Covid” supposedly, are also given this drug along with several others in a Chemical “Cocktail” to induce a chemical coma before being “intubated” (having a hose stuck down your throat and raw oxygen pumped into the lungs) and left to die. Your lungs linings cannot take raw oxygen for very long, and within a week to 10 days most patients lungs will give out, and the patient will die. Additionally, as this article from the New York Times correctly points out, these drugs like Haldol and others, which are also given to Covid patients immediately lower the body’s immune system and its ability to heal itself, making the lung collapse happen faster, along with their susceptibility to any illness, Covid or otherwise.

    In other words, the treatment is the real disease that’s killing them. Its a disease of corruption, ignorance (the rigid unbending “know-it-all” God syndrome of the medical community today in refusing to address actual patient health and looking for ways to push pills, potions and procedures.

    The doctors and all medical professionals are trained rigidly in a tunnel vision discipline that tows the line of big medicine and for profit hospital administrators and those who make money from them. They get a degree based on both correct science and not so correct science, then go off to sell the pills and procedures they were told to. And anyone questioning their rigid for profit approach is condemned as a quack, kook, conspiracy theorist or worse, silenced on social media and anywhere else they may find a platform to voice their contrary opinions. And there are plenty of politicians who either out of ignorance or corruption or both, ready to help by enforcing their policies and limiting the rights of anyone to question them. That wasn’t always the case in America, but it is now. And behind those politicians are plenty of goose-stepping fans and constituents ready to help enforce their mandates and strategies by berating their fellow citizens through insults, attempts to shame and humiliate and badger and even restrict their freedoms. All at the end of the day to sell a pill or procedure that will rake in billons for the pharmaceuticals making them, the physicians pushing them and the myriad of peripheral profiteers pandering to their perpetual payola.

    To them we should all say like Hawkeye from “Last of the Mohicans” when confronted with conscription into service; “you do what you want with your own lives, but do not be telling us what we ought to do with ours”.

    And to the liberal trolls who will no doubt attempt to pigeon hole everything I wrote in this and my previous comment into me “getting my information from the New York Times”, a reminder.

    This is just an article I happened across this morning, however cosmically ironic that may be, but it parrots what I have been saying all along. You can read it for yourself, below.

    Time to wake up now.

    https://www.yahoo.com/news/phony-diagnoses-hide-high-rates-161352108.html

    1. Keep in mind I’m not making any of this up. Haldol is one of the sedative drugs they administer in that deadly cocktail to induce a chemical coma. The version they use is called “Haloperidol” but its the same thing. Think about it. Its known to severely reduce the bodies ability to fight infection and disease especially in people over 60, and yet they’re giving them megadose’s of it to intubate them.

      Its time to start looking at the process and stop listening to the processors.

      https://pubmed.ncbi.nlm.nih.gov/27102743/

    2. You forgot the unapproved Fauci death drug Remdesivir. It shuts down your organs. Especially kidneys. Weren’t they blaming Covid for that.
      I’ve known 3 people murdered in the hospitals by ventilator and Remdesivir.
      They went in w pneumonia, hospitals called it Covid. Boom death .

      I look forward to all these demonic Drs , politicians, Fauci, Soros, Gates, Globalist to finally be brought to justice.
      Their eugenics plan can not go on unpunished

  5. OT: An interesting read:

    “What makes these doctrines sinister is that the Marxists who devised them always had the goal of dismantling America in the process. Their success in Afghanistan should be a code blue warning to every American who loves their country. America’s current corrupt leaders are always talking about “the existential threat to America.” And their answer is always the same “white supremacist domestic terrorists.” And where are they? Our leaders deploy this fiction to empower their witch-hunts, of which Matthew Lohmeier is a prime victim.

    ——
    THE REAL EXISTENTIAL THREAT
    David Horowitz puts the wood to our woke military leadership, and explains where the real threat to our country comes from. Spoiler alert: it’s not white supremacists.

    Our Secretary of Defense, Lloyd Austin – our leader who presided over the worst, most incompetent, most humiliating military defeat in the history of our nation – is black. Of course, he’s black. He was appointed by Biden to display the wonderful diversity of the most progressive president in history. He wasn’t chosen because he was a brilliant military leader (obviously). He was chosen because he was a political hack ready and willing to embrace even the most suicidal left-wing policies. Left-wing policies are by their very nature suicidal because the defining characteristic of the left is that it hates America and wants to “dismantle” it and replace it with the left-wing fantasy of a socially just future. …

    https://www.powerlineblog.com/archives/2021/09/the-real-existential-threat.php?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+powerlineblog%2Flivefeed+%28Power+Line%29

  6. We went to a concert last night. Masks required. After finding our seats, I noticed 20% had no masks. Ended up , more than half had dropped their masks. Arena staff made no effort to talk to the maskless. Wisely understanding they can have a rule, but it is impossible to enforce the rule.

  7. “(OSHA) for a vaccine mandate was a mere “work around” of the constitutional limit imposed on the federal government.”

    People complained Trump acted unconstitutionally, but most refused to point out how he did so and then debate the point. The Biden administration blatantly “work(s) around” the Constitution without a peep from the left. That demonstrates the left doesn’t care about the Constitution at all.

    A fascist oligarchy is in control and will use illegal force as long as it can get away with it.

  8. Fun With Human Civilization Jenga
    Special 2021 Edition
    Autocrat World Dominator Version
    Rules
    The Work Around
    Start by systematically removing one or more foundational blocks listed below.
    Via Kristallnacht Style threats, intimidation and fiat, corrupt, subvert, destroy, rebrand and repurpose that block with it’s newly updated NIH/CDC/OSHA/Democrat sanctioned replacement listed below and place the new block on top to supercede all legal, historical, unhip, uncool, unwokie Constutional blocks.
    Block and Replacement Block List
    1. The US Constitution
    1A. Civil Rights
    1B. Human Rights
    2. The Nuremberg Code
    3. Euthanasia on demand fiats issued by one or more government agencies or politicians.
    4. Genocide.
    5. Mass murder.
    6. Bankrupting and starving targeted dissenters.
    7. Due Process
    8. The US Code
    9. Any and all laws that don’t fit the narrative or facilitate the agenda.
    10. Morality and respect for American Citizens and human decency.
    11. Avoiding Civil War.
    12. Too many recalcitrant, extremely disobedient, freedom loving humans thinking for themselves, living life as they see fit and pursuing happiness running around like roaches.
    13. The continuation of the human race.
    14. All of the above.
    15. None of the above.
    You win by being the last Roach standing and self crowning yourself King Roach, Ultimate Dominator of Death World.

  9. My advice on “mandates”:
    There are some who think that they are tough. Some of those kinda want to die. Smokers will say:. “I’m tough. This won’t kill me. Some of those people say: I don’t want no vaccine shit in the arm. I’m tough. I won’t get covid.

    To those I say:. Don’t get your shot. Keep on smoking. Guns are quicker. Teach your dumb kids your attitudes. When cancer gets bad or covid gets bad then shoot yourself in the head.

    1. Submitting to an illicit, unConstitutional, out of control power mad rogue government conducting genocide against it’s own People is even quicker than guns and you don’t need the courage to pull your own trigger.
      They’ll do it for you….all for your own good of course.
      AND lest we forget,
      “The Children!”

    2. You’re a special kinda feckless moron, similar to the moron murdering Biden who droned a delivery man with 5 children in Afghanistan, after that S show mess he personally created.
      Go suck some remdesivir that Fauci made. Put yourself out of our misery.
      WAFI

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