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.

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

  1. Joke Biden has no “emergency powers.”

    Congress may suspend habeas corpus during invasion or rebellion, neither of which exist.

    Joke Biden has no power to compel healthcare provision or reception.

    Congress has no power to compel healthcare provision or reception.

    Healthcare is an individual concern, right and freedom.

    The “necessary and proper” clause does not provide dictatorial power to any branch of government.

    The “necessary and proper” clause only allows enforcement of the “enumerated powers” in Article 1, Section 8.

    The “necessary and proper” clause is simply a statement of the obviuos and does not confer various, supplemental or superior powers to any branch of government.

    The owners of private property as constituted by private enterprises have the power to impose any and all requirements on the “help” or voluntary employees who are free to separate from the private enterprise at any time.

    That is all.

  2. Pop T.C. % Pop T.D. % Dead % D. R.
    Congo 5,670,827 13,398 0.24% 179 0.003% 1.34%
    Nigeria 211,884,956 183,444 0.09% 2,229 0.001% 1.22%
    U.S. 328,000,000 37,469,989 11.42% 637,572 0.194% 1.70%

    T.C. = Total Cases
    T.D. = Total Deaths
    %D.R. = Dead/Cases

    Give some thought to what two third-world countries are doing differently than our first-world lockdown, vaccinated and face diaper U.S. has been doing.

  3. It Is Time To STRIKE

    Natural immunity from prior infection is 7-13x, and perhaps as much as 25x as effective as is a vaccine.(Cleveland Clinic)

    if infected while vaccinated you are equally contagious to someone who was not vaccinated (CDC)

    The vaccines are failures (in the general population)

    published proof that the vaccines are at best failures and at worst may be enhancing Covid-19 infections (JAMA)
    – a study from blood donations showing the presence of alleged immunity in 83.3% of Americans. This is sufficient to suppress any virus with an R0 of up to just under 6

    The reports from Britain and Israel confirm the marginal benefit of these “vaccines”, and the safety deception of mandates.

    Separately…

    The 23 people were all promised they would not get sick as the inducement to get vaccinated. All 23 of them were symptomatic and at high risk. Every single one of those people was also exactly as contagious to others as were the 27.

    48% of Texas is vaccinated.

    46% of these recipients were vaccinated.

    There is no statistical difference between the percentage of vaccinated people in the State of Texas and the percentage of people receiving monoclonal antibodies for symptomatic and at-risk-of-severe Covid-19 patients among this group of 50 who are vaccinated. It is statistically identical.

    Non-sterilizing immunity and community transmission.

    1. NN, as a conservative who admires Professor Turley and almost always sides with Republicans, I have to say your rant against vaccines is ludicrous. Just check out the cases and deaths vis a vis vaccinated vs unvaccinated people and stop being so obtuse. I feel that you have the right to not get vaccinated and you have the right to spew your nonsense, but when someone fears a vaccine that 200 million AMERICANS have taken safely it just makes you look like a scared little boy.

      1. hullbobby: “when someone fears a vaccine that 200 million AMERICANS have taken safely it just makes you look like a scared little boy.”

        ***
        You don’t know if it is safe yet. Even Pfizer recognizes there may be serious side effects not yet known. Can it cause prion disease? Can it cause autoimmune disease? Can it cause cardiac problems (yes)? Can it cause clotting and loss of limbs or strokes?

        I can’t think of any medication that has been so widely propagated with so little evidence of its risks and benefits.

        I wonder, too, if it is so good, the ‘benefits’ part of ‘risk and benefit’, why do the vaccinated have to wear masks? What do the vaccinated fear from the unvaccinated?

        What are you vaccinated, mask-wearing, petty tyrants afraid of?

        1. Come to think of it, why haven’t we seen advertisements from the pharmaceutical companies promoting their glorious vaccines? Does it have anything to do with the requirement to list the possible side-effects?

  4. It becomes clearer every day why the Biden administration wants to pack the SC (or, rather, stack it in their favor). Biden and his staff have shown nothing but contempt for the Constitution and the division between states’ and federal rights. They need the SC to rubber stamp their illegal overreach. But the justices they pick will have to be extraordinarily biased and malleable. Even the Roe v. Wade court surprised many, as Republican nominees voted for Roe, while the Kennedy’s nominee voted against. To be sure that the Dems will have the justices in their pocket, Biden et al will have to scrape the bottom of the legal barrel for the most disreputable names available. All in the name of racial justice, of course.

    1. Gioconi, I agree that the Biden team thinks that this will get shot down by the courts and that will be his political ticket to argue to PACK the Court. If you think he won’t go down this road I offer up the border, the 3.5 TRILLION, the Withdrawal, the pipeline, eviction bans and now vaccine mandates for SOME companies, notably not the 600,000 federal employees that actually go to every home in the nation. Biden, or his staff, will pick 4 people like Lawrence Tribe, only female and Black in order to remake the country.

  5. The White House’s “work arounds” and violations of law have been given the green light by legal “scholar” Laurence Tribe. ‘Nuff said.

  6. Supporters of Alcohol Prohibition in the early 1900’s made a similar argument and actually amended the U.S. Constitution. It saves lives and protects health but we are no longer free, we have a “Nanny State” deciding for us. The Women’s Rights Movement was really about a similar “Nanny State” deciding things for women – government deciding which women (and other citizens) should be sterilized against their will (ie: Eugenics movement).

    This “Slippery Slope” is what some Americans are legitimately concerned about. What Biden and Governors need to do is write legislation unique to a virus that kills “X” percentage of Americans. Take the number of Covid deaths and divide by the U.S. population to come up with the legislation’s wording that wouldn’t apply to things like regular flu shots.

    If legislation is not spelled out (unique to Covid or a pandemic), couldn’t government officials mandate flu shots? Outlaw alcohol, fast food, motorcycles, dangerous sports, gambling, nicotine, beer, wine, liquor, etc? Taking away all of these individual liberties would save lives but do we want government assuming that unconstitutional authority?

    1. I guess my body, my choice only applies to reproductive rights. Who’d of thought that OSHA could be used to ban the practice of abortion because it caused a “health risk” to unborn human beings.

      Good to know.

      1. My body, my choice, only seems to apply to a fetus’ body. When it comes to our own bodies, and what to dose them with, it’s our bodies, Fauci’s choice.

  7. President Biden will go down in history as one of the most bumbling, incompetent presidents in history. The truth will also come out eventually on his cognitive state.

    This proves why you vote on policy, now how you feel about Tweets, speech patterns, or self aggrandizement. What you care about is how this person will run the country. How will the person in the White House affect YOU, personally. Today, Biden is affecting YOU personally, through federal employee vaccine mandates, urging employers and school districts to mandate vaccines, urging social media to censor you if you disagree with Democrat party platforms. We have higher gas prices, slow job growth. People have a hard time filling jobs because there is a financial incentive not to work. We just left Afghan allies who proved their loyalty to us for two decades, having been vetted over 2 years to get Special Immigrant Visas. We just left them to die. But we flew out thousands of unvetted Afghans and released them. We gave terrorists billions of dollars in high tech US weapons and technology, some of which they gave to Iran. Iran, who begins its day chanting, “Death to America!” We’ve cried as we watched a teenager plummet to his death, trying to escape Afghanistan clinging to the outside of a jet. We saw terrorists control Hamid Karzai Airport, preventing Americans and Afghan allies from leaving the country. We’ve watched the seeds of the next 9/11 grow. Someone reading this story today is going to die at the hands of terrorists, emboldened to attack our country, and aided and abetted by all that military assets.

    YOU used to have it good.

    We had 4 years without any new wars. A stable Afghanistan. Economic prosperity that took a global pandemic to hit, and even then, it was recovering at a rapid pace. We had the lowest black unemployment ever recorded. Lower gas prices. Even the NYT was forced to admit that most working class Americans got a tax break under Trump. Lower energy costs. More investment in historically black colleges. 4 Middle East peace deals that John Kerry claimed were impossible.

    Many people miss that time of global security and economic prosperity for all.

    1. We’ve watched the seeds of the next 9/11 grow. Someone reading this story today is going to die at the hands of terrorists, emboldened to attack our country, and aided and abetted by all that military assets.

      And then there is this report:

      A male Afghan refugee who was departing the Ramstein Air Base in Germany for the United States was detained Monday after it was discovered during pre-flight screening that he had blasting caps and other explosives materials in his carry-on luggage, three U.S. officials told Just the News…Though the man wasn’t suspected of ill intent,
      https://justthenews.com/government/security/afghan-refugee-stopped-us-bound-flight-explosive-materials-terrorism-not

    2. Biden’s cognitive state is just fine, and no amount of harping by Hannity, Ingraham or the other alt-news pundits you rely on will create facts to support your continued haranging that Biden is senile, demented or otherwise impaired. What IS painfully obvious to anyone paying attention is Trump’s disabling narcissism and the horrible fallout it is causing. There’s a reason he never broke a 50% approval rating, something Biden accomplished a few weeks after the White House and government agencies were fumigated from the Trump stench. Trump still won’t go away and shut up–he refuses to accept the will of the American people, he refuses to accept the fact that Arizonans loved McCain more than him, he refuses to accept the fact that he lost an election to Biden by a substantial margin and that there is absolutely NO evidence of voter fraud or anything else that would invalidate Biden’s victory. Yet, disciples like you keep believing even when 60+ courts said there was no voter fraud, when Bill Barr said there was no voter fraud, when Chris Krebs said there was no voter fraud and when 50 Secretaries of State said no voter fraud. Trump still won’t yield, so he tells the faithful to “fight like hell or you’re not going to have a country any more”. So, they fought like hell, one got killed and hundreds others are looking at a felony record that will follow them for the rest of their lives. Consistent with Fox messaging, you and Turley, too for that matter, try to make it sound way less serious than it was–an effort to bring down our government based on a lie by a lying narcissist. You still believe the Big Lie, and you have the gall to call Biden mentally insufficient? Your starry-eyed devotion to the Big Lie and Big Liar, despite all proof to the contrary, proves you are the one who needs help. That you believe all of the political slop served daily on the alt-right media that supplies it daily proves you are gullible.

      And, you again don’t know what you’re talklng about when it comes to Afghanistan–just repeating the harping you heard on Fox/Republican/Trump network because they think it is scoring political points. No “unvetted” Afghans will enter the US. They’re all in Quatar or Germany and other secure places and won’t be released until fully vetted. Thousands of them could have been vetted long ago but for Stephen Miller intentionally delaying the SIV applications due to his Islamophobia.You Trumpsters always omit this inconvenient fact. The people who stormed the Kabul airport were not eligible for SIVs. Trump drew down troops from 14,000 to 2,500 and released 5,000 Taliban prisoners. His agreement with the Taliban that bound Afghanistans was entered into without involving them, and the former US Ambassador to Afghanistan said this demoralized the Afghans so they just gave up. More inconvenient facts you always omit when trying to blame Biden. Now, the State Department has made arrangements with private groups to get out the rest of Americans and others who want out. The Taliban is allowing this.

      We did have a war when your chubby hero was in the White House. The successful economy he inherited from our first black POTUS (who didn’t cheat) was slowing down a few months after he took office, due to his stupid tariffs and lack of knowledge of economics. The other claims about the economy are lies. Obama and Clinton had better numbers. The tax breaks went mostly to the wealthy and corporations who aren’t paying their fair share. There were no “Middle East peace deals”–all Jared did was put in writing trading agreements between Israel and Bahrain and UAE, who were already freely trading. What hot war ended because of these fake “peace deals”? None, because they weren’t “peace deals” that resolved any hot warfare. More Fox News hyperbole that you believe.

      WE are in the process of building back better. Getting COVID under control is the first step in repairing the economy Trump trashed with his lying and incompetent handing of the pandemic, and mandating vaccination is something that is time-honored. Other countries do it. A child cannot attend school without being vaccinated for contagious childhood diseases. Why should there be a different rule for employees? There is nothing about Trump that people miss. He left the country with a hobbled economy, a pandemic out of control, schools, restaurants, factories and other businesses closed down and millions of infected Americans while he lied about the dangers of COVID, refused to wear a mask, lied about the availability of COVID tests, lied about Hydroxychloroquine, and tried to take credit for the development of the vaccine which was the result of decades of research and dedication of scientists..

  8. Another aspect that the administration is missing is that real science protocols must be applied. Imagine any supermarket that will submit daily air quality and swap testing for ALL pathogens that might live in a supermarket. We know the meat on the shelves is contaminated. we know the ground turkey contains turkey poop. This pretense of safety will cost aa company so much for compliance it will fail if companies are forced to test as they should.

  9. The largest school district in CA, LAUSD, recently decided to mandate Covid vaccines for children 12 and older. This is in spite of the fact that the vaccine is only FDA approved for children 16 and older. They are still evaluating the dosage, side effects, and immunogenicity in younger children.

    It was supposed to be illegal to force anyone to get a vaccine under Emergency Use Authorization, but that didn’t stop anyone. An EUA is supposed to make vaccines available to people who want them during a pandemic or epidemic.

    Parents in school districts across CA are very concerned that LAUSD’s decision is the writing on the wall for deep blue CA. Apparently, parents have even lost the right to wait for a vaccine to be fully approved before giving it to their kids.

    Homeschooling skyrocketed under school shutdowns. CA suspended CASSPP state testing for 2020 and 2021, but parents already know their children lost learning. So do teachers unions, as teachers are getting coached to tell parents their children didn’t really lose learning. Instead of learning math, literature, writing, and science, they learned important things like social justice. People flocked to homeschooling and charter schools, so the teachers union got CA to cap charter school enrollment at Feb 2020 pre-pandemic levels in one of the dirtiest moves in the school choice street fight. I suspect homeschooling will increase once this mandate hits, at least until the vaccine become FDA approved for kids. I also suspect that teachers unions will get Gavin Newsom and the Deep Blue legislature to pass laws limiting or banning homeschooling.

    Force, including mandates, drives people away. Force doesn’t change anyone’s minds. It hardens resolve. We need unity, not division during a pandemic.

    Covid-19 isn’t polio, and it isn’t smallpox. Vaccines eradicated those diseases. Covid-19 is different. It regularly mutates during replication. Entire portions of its genetic code get skipped or mixed up. This will always create variants. Immunity is the environmental pressure that selects out resistant variants for survival.

    Stop comparing the vaccine mandates to the small pox vaccination drive. It’s not the same, and it cannot yield the same result.

    1. Actually those disease were exasperated by the vaccines. Deep research into the efficiency of vaccines proves that many times it makes the disease worse. Look at India and Africa. Gates sterilized , maimed , murdered people there with his polio shots and other vaccines.
      There are many interesting studies on these.
      Scary that these Pharma companies do not care.
      Thanks to Rockefeller I believe, holistic healing was sidelined w propaganda in the early 20th century.
      Lots of money in shots

  10. For years, I’ve said that I opposed vaccine mandates, for school or otherwise. It’s not about whether or not you agree with the vaccines on the schedule. I said one day, a vaccine will come around that’s brand new, or maybe you just don’t want it, but you will have given up your right to say no.

    I’m vaccinated for Covid. It’s a valuable weapon in the arsenal to fight Covid. I’ve proud of Operation Warp Speed getting this through Emergency Use Authorization in time to save so many lives. But I oppose creating a caste society based on vaccination status. I’m opposed to schools mandating that children 12 and up get a vaccine that is not yet FDA approved for their age bracket. I am opposed to forcing people who already have acquired immunity from recovering from Covid to get vaccinated. The risk/benefit analysis makes no sense for them.

    And, frankly, I’m opposed to forcing people to get a medical procedure.

    We should all be treated as adults.

    Data driven public policy should rely on assessing total immunity, including those who have natural acquired immunity. In order to achieve herd immunity, we should encourage people to get tested for immunity to Covid, not just whether they have the disease itself. The vaccine is widely available. We just need to keep getting the message out about the vaccine’s ability to lessen the severity of infection, as well as the risk of transmission to others.

    Unfortunately, no vaccine will eradicate Covid-19. It is a highly mutable virus. It’s not like smallpox, where a vaccine can render it functionally extinct. By nature of how it replicates, it regularly produces variants. Immunity, whether naturally acquired or vaccination acquired, selects out variants resistant to immunity. Even if everyone on Earth either got Covid, or got vaccinated, there would be resistant variants that escape and proliferate. This is why we’re already on to the next step of pandemic warfare: prioritizing R&D on treatment protocols.

    And we owe it all to the CCP, for accidentally releasing this scourge that they ensured was particularly virulent and had a high affinity to humans, and then covered up. This ensured that a local epidemic went pandemic. Permanently so.

    1. Does someone pay you to write this crap? Although I’ve explained what a “caste society” is to you several times, you persist in claiming that unvaccinated people are being put into a “caste”. For what I hope is the last time, in a “caste society”, you are stuck for life into the caste in which you were born, and cannot ever leave it. That has nothing to do with vaccination. People who care more about themselves and refuse vaccination because they are dumb enough to believe lies and distrust science based on fealty to a failed presidential candidate have NO right to go around infecting other people. They pose a risk to the safety and health of others. People have a right to a safe, healthy workplace, which is why we have OSHA and health and safety standards.

      You also don’t understand “Operation Warp Speed” and the EUA process. All Trump did was divert taxpayer money to drug companies like Pfizer to purchase more equipment to produce vaccines and he agreed in advance to purchase a quantity of vaccine even if it wasn’t found to be safe or effective, to serve as an incentive to hurry up production. Usually drug companies don’t make a large quantity of any drug or vaccine until they know that it is safe and effective, because if it can’t get approval, the money and effort spent in producing large volumes of material would be wasted. Trump had nothing to do with the EUA process, in which scientific consultants review data and decide whether a vaccine is safe and effective–but only after sufficient testing on volunteer human subjects. You cannot speed up the scientific process of observation and serial testing for safety and efficacy. You still believe his narcissistic lying about his role in the vaccine and his taking credit for it. And, I just heard Levin last night repeat the disproven claim that people who have had a COVID infection don’t need the vaccine. Scientists and the CDC disagree. They are the authorities, not alt-right media. You aren’t a scientist, so please stop trying to pretend that you are by the various proclamations you make about the properties of smallpox, COVID and priorities for the future. All you do is repeat the crap you heard on Fox. The origins of COVID are unclear–and this is after intense scrutiny.

  11. Turley: you are something else. Today’s little piece gets to attack Democrats, Ron Klain and Merrick Garland–and for what? In the case of Klain, trying to save lives by upping vaccination rates using OSHA’s authority to enact rules to protect the health and safety of workers. You can’t really deny that OSHA has the authority to impose rules to protect workplace safety and health. In the case of Garland, trying to save lives from back-alley abortions and to preserve the settled law on a woman’s right to choose. You love to play little word games, Turley, when pandering to the faithful. Let’s begin with the idea of an “admission against interest”: that is not a LAW in the sense of a statute, but a rule of evidence, applicable in a lawsuit, that allows for admission of statements made by a party-opponent against that party’s interest. Where’s the lawsuit to which this applies to Ron Klain, Turley? There isn’t one, but you’re not here to teach law–you’re here to help indoctrinate the faithful, to make it sound like Klain “admitted” that the Biden Administration is knowingly violating the Constitution, all part of the Fox News/Trump agenda to try to thwart Biden’s presidency because the economy will not fully recover until COVID is brought under control. They’ve been successful so far at holding down immunization rates by lying and pandering to the perceived victimhood of Trumpsters who have been proselytized into believing lies. They’ve also been instructed to disbelieve science and to prefer believing what they get via social media and from alt-right news. And, where in the Constitution is there a right to go around without a mask and to refuse a safe and effective vaccination when such conducts puts others at risk of contracting a communicable disease in a surging pandemic? Why should people who have to work for a living be forced to breathe air contaminated by Trumpsters who reject science? You don’t cite any such right, because there isn’t one. And, as we see from the comments, your little word games are working, too. How disgraceful for someone who teaches law.

    You also carefully choose your words, too, in proclaiming that the Biden Administration is trying to “work around” Constitutional protections by saying, for example, that there’s no CLEAR authority for the federal government to require vaccines because it has been TRADITIONALLY been RECOGNIZED as the province of states. Turley: you and I both know these are hedge words, but the faithful disciples don’t know that, something else you well know. What you DON”T say is that there is either a statute or controlling precedent forbidding the federal government from requiring vaccines under OSHA’s workplace safety authority. You omit this because there isn’t any such law. You even go so far as to call using OSHA to promote workplace safety as a Constitutional “work around”. How disingenuous of you. And, it has been settled law for over 100 years that vaccines can be required, at least by a city. And, just because it has been “traditionally” been “recognized” as the province of states, doesn’t mean that it is EXCLUSIVELY the province of states. If the law was that clear, you’d say so, so what you don’t say is just as telling as what you DO say. This is just another political attack piece calculated to pander to the Trumpsters and their refusal to get vaccinated or tested, by making it sound like they have a Constitutional right to go around infecting people, and that they are the victims of the bad Democrats.

    Then, you complain about Biden losing in court and the media reporting all of Trump’s court losses, but not Biden’s. There is all of the difference in the world between the aims of these administrations, with Biden attempting to provide debt relief, a moratorium on evictions, and more humane treatment for illegal migrants, consistent with the traditional American goals of humanitarian protections. Trump, on the other hand, did unimaginably cruel things, like separating children from their parents and banning all Muslims from entering this country. You are actually trying to argue that Biden is the one who politicized the Justice Department–Trump treated the DOJ as his personal law firm and was there to protect him politically. No comparison whatsoever.

    1. Natacha is actually Ilse Koch (AKA “The Witch of Buchenwald” or “The Beast of Buchenwald”) reincarnated

      Surprisingly, one of the most notorious of the Nazi women was not a member of the SS. In fact, Ilse Koch was only a house wife. But her husband was the commander of 2 separate concentration camps and she used his authority to commit heinous atrocities. During her trial for war crimes, survivors detailed how Ilse Koch would inspect new arrivals at the camps for artistic tattoos, killing any that caught her eye so that the hapless victim could be skinned and the tattoo kept as a pretty souvenir. Despite being technically a civilian, Ilse Koch was convicted of war crimes and sentenced to life imprisonment, a term that ended with her suicide in 1967.

      https://www.enkivillage.org/nazi-women.html

    2. Natasha, is the goal now 100% vaccination? Of course, we never will get to 100% because there will always be a booster in our future. Time to move on. By the way, I didn’t realize all those non-vaccinated black Americans were Trumpers.

      1. No, the goal is herd immunity. I’ve covered before why black Americans are vaccine-hesitant: the Tuskeegee experiment, the Puerto Rico birth control experiment and the HeLa immortal cell line.

        1. There can’t be herd immunity relying on a vaccine that does not prevent infection or transmission which the CDC has said is the case here.

    3. Except Biden is now the President and he is politicizing the DOJ. I am assuming you are vaccinated, so you do not have any fear from the unvaccinated. However, it seems the vaccinated are the ones who are catching and spreading the variant. I am certain you only follow the science when it works your agenda.

      1. I must have missed the Hannity segment the night he proclaimed that the vaccinated people are the ones spreading spreading COVID, since this is the second such posting claiming this. OK, for you disciples, here’s the deal: vaccinated people can contract the virus, but they are highly unlikely to contract an acute case of COVID disease, and if they do, it is usually asymptomatic or mild. Very, very few of the vaccinated who acquire COVID end up in the hospital. Hospitals in Trump country are overrun right now with unvaccinated people. They are the ones needing hospitalization and intensive care treatment. THIS IS THE SCIENCE. The current pandemic is a pandemic of the unvaccinated. BTW: the Trump/Republicans keep encouraging people to refuse to get vaccinated or to be afraid of getting vaccinated for POLITICAL REASONS–they want the economy not to recover, so they can have something to use against Biden. Some of you believers will get very sick, and some of you will die. The long-term consequences of a COVID infection are not known, but some do have long-term problems like brain fog, fatigue and other symptoms. Trump/Republicans don’t care. All they want is power.

    4. Sounds like Natasha is a plain old party loyal Fascist. Only a Fascist would dare order mandatory vaccinations for all just as only a Fascist would order people of a certain nationality to wear a yellow star. No difference. History repeats itself by those with low intellect easily swayed by their glorious Führer. Though I support those that have chosen to receive the vaccine (as all in my family have done), I equally support others that chose against being vaccinated.

    5. Natacha should probably change her name to Non Sequitur. Most of her ramblings are off point, although occasionally she does wander within hailing distance.

      I believe Turley’s point is that in the event of litigation this admission could be become a problem for the administration. Simple, straight forward and pretty difficult to argue with.

      But Natacha does not falter or hesitant, living by Hannibal’s maxim ” I will find a way or make one” she tosses out another one of her wonderful word salads.

  12. Another act openly flouting the rule of law. While i have had the vaccine and believe that others should take the jab as well. such actions are counter productive and do nothing to lessen the mistrust in the federal government

  13. Can someone link to the precise words of the statute that OSHA will be relying on to impose the vaccine/test mandate? It seems to me the legal issue will boil down to:

    1. Is that provision of the statute within the Commerce Clause (or some other authority conferred on Congress)?

    2. If so, does it delegate the power asserted here?

    3. If so, is the delegation too broad, effectively transferring the legislative function to the executive?

  14. The “work around” is easy to explain. When fighting for progressive causes the normal constitutional standards do not apply.

    Kind of similar to corona virus. When (mostly) peacefully protesting you CANNOT contract the virus. That is because the virus is a microscopic social justice warrior and knows the purpose for your actions.

    Going to church = that is deadly and besides right thinking people know that religion is a backwards and regressive idea. Hold us back from the leftist utopia.

    Going to a restaurant = this is also deadly.

    Crossing the US Southern border illegally = these righteous warriors are enriching us and therefore the virus does not effect them.

    A party with wealthy leftist supporters and donors (i.e. Obama’s 60th b-day) – they are vaccinated and sophisticated; therefore the virus does not effect them.

    Mostly peacefully protesting against “systematic racism” = the virus is harmless while engaging in that activity.

    Am I missing something?

    antonio

  15. The U.S. (or better said, our glorious leaders) have a long history of passing bad laws for good reasons (see RICO) which lead to abuses (see RICO being used against citizens for possible violations already covered by other laws).

    That leads to prosecutorial abuse and overcharging. Almost impossible for an ordinary citizen to fight against.

    The Lefty posters want the full power of the state applied against vaccine refusers.

    Think longer term.

    One more door opened to government abuse.

  16. Remember each and every FOOLish voter who put biden/harris in office – along with their puppeteers who call the shots. Whether those FOOLish voters didn’t mind a demented old white man in the White House or didn’t “like” President Trump … they are responsible for the awful state of the USA, domestically and internationally.

    1. TT1970-This always sticks in my mind how the politicians think of the the voter: GRUBER: “American voters are too stupid to understand the difference” regarding obamacare.

  17. When President Trump was in office, Pelosi, Schummer, left wing news media continually declared Trump’s actions as an assault on the “rule of law”, and a “constitutional crisis”. They were breathless. Now with Biden they are cheering his “activism”,

  18. It’s become quite obvious that the Constitution interferes with the Democrats efforts to get their way and they will try to find “work arounds” or just blatantly choose to knowingly and willingly violate the Constitution knowing it will take time to get through the courts to shut them down.

    The Democrats have literally become the evil they have professed to be against.

    1. If they can’t find a work around, they will just expand the Supreme Court in order to pack it with ideologues who will play ball, ignoring the Constitution if required.

    2. Will it be sufficient to mark, with precision, the boundaries of these departments, in the constitution of the government, and to trust to these parchment barriers against the encroaching spirit of power? This is the security which appears to have been principally relied on by the compilers of most of the American constitutions. But experience assures us, that the efficacy of the provision has been greatly overrated; and that some more adequate defence is indispensably necessary for the more feeble, against the more powerful members of the government. The legislative department is every where extending the sphere of its activity, and drawing all power into its impetuous vortex. James Madison

      Madison was rightly concerned about the legislative branch, but I doubt he foresaw the day when they would lay prostrate before a tyrannical executive.

    3. What about asking a court to issue a stay order so that these orders cannot be enforced unless and until a court upholds them?

      1. lysias wrote, “What about asking a court to issue a stay order so that these orders cannot be enforced unless and until a court upholds them?”

        These things take time.

    4. Democrats have been ignoring our Constitution for decades. They know Americans would be leery about an Amendment so they just skip that legal process. We now have a President with no problem criticizing our previous President with untruths.And our media, protected by the same Constitution, ignore these lies. People fought and died for our country and our freedoms.

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