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. The Chief Justice has already shown himself to be a fan of “workarounds” in order to spare SCOTUS from incurring the wrath of powerful political majorities that he fears might pose an institutional threat to the authority or independence of the Court. [National Federation of Independent Business v. Sebelius, 567 U.S. 519 (2012)] Ironically, by allowing his fears to motivate him to employ such workarounds, he is himself effectively diminishing the Court’s independence. Should he be tempted to repeat his performance in this case, however, he might find it difficult to find four justices to join him in voting to sustain Biden’s power grab.

  2. Please say you’re going to fight this in court.

    You say there are ample grounds for challenge so I am hoping you guys with some vision left plan to challenge it. They can’t do this. I have made it my life’s mission to stay healthy all the time and I do that by staying far away from doctors, hospitals, any treatments, tests, shots, anything. I do this so I can work, because it works. I can’t do my job if I’m even a little under the weather, I have to be 100 percent every day. When I’m not, I don’t go. And that seldom happens. I don’t get sick because I stay away from them. THATS how I stay healthy. That and I take care of myself as well as I can. I exercise (my job is my exercise) and I eat right, make sure I get enough sleep and I avoid the F#$$# out of medical professionals and their preaching, pricking and potions. That’s my healthcare plan.

    And I don’t believe they’re using a virus that has a 99 percent survival rate to try to force their for profit apothecary on me. I’m not gonna be one of the guinea pigs. You think its NOT experimental? The vaccine. Fine. Then you think that. But THEY say “this one from Pfizer has these side effects and is this effective” but this one from this other manufacturer has these different side effects and is more effective, and on and on. If its NOT experimental, then why are they experimenting with it with different companies? This is what Turley usually calls a “crime hiding in plain sight.”. They’re testing it right in front of your eyes, publishing daily the latest findings on side effects from this batch or that batch, and you people just say “nuh uh its proven blah blah blah”. I tell you you’re Zombies. ZOMBIES. Walking around the stores in masks bumping into each other, looking like frighten squirrels peeking out from behind your face diapers and its ….well, quoting Charlton Heston as Taylor in Planet of the Apes, … “a mad house….. a maaaaaaaaaadddddddddddd house”.

    My friends Dad died of complications due to agent orange exposure last year that he retained from Vietnam. But because of Covid supposedly taking up all the doctors and hospital beds he didn’t get necessary procedures he needed. So when he died, the hospital checked Covid related death and he became another fake number in this smoke and mirrors for profit nightmare these lunatics are putting the country through.

    I watched what they did to my own father years ago, long before this Covid lunacy came out. Watched how they peddled pills to him for this and pills to him for that, I’d ask him “Dad, what’s this bottle for?” and he’d say it was to counteract the side effects of the bottle next to it. He had like 12 bottles of different medicines on his dresser and half of them were to address issues caused by the other half. He’d go for procedures and get Staph infections from the Hospital. Of course to them its no big deal, they give him more pills and shots. He went for a gall bladder removal at Laurel Hospital in MD and they left him on a gurney for 4 hours. I saw this myself! I was THERE!. He was uncovered after his surgery, he was 76 and they left him there after a botched operation (they were supposed to do the little tube thing and instead had to cut him because the surgeon messed it up) and he laid there on a slab after having his gall bladder removed for 4 hours with no blanket and when I complained the nurses threatened to have me removed and a armed guard showed up to intimidate me. While he laid there uncovered, he suffered a heart attack. That’s right. And then they gave him a catheter and left it in for 2 weeks, he got infected badly from it and they were having the rest of my family talk to the grieving counselors as he was ready to die they said. I lost it, and demanded the nurses remove the catheter I did this on the phone because I didn’t want to get arrested by these “heroes” everyone’s bootlicking now. They said only the doctor could and I demanded his cell phone and I told them if I didn’t get it the next call I made would be the sleaziest lowest make Johnny Cochran look like F Lee Bailey contingency lawyer I could find and I was going to suit the pants off that hospital and every doctor who treated him. They gave me his private cell phone. I called the doctor, read him the riot act and I ordered him to remove the catheter, He complied. Then I called John’s Hopkins via a referral from a medical friend (yes I have a few, I don’t think all doctors are evil, I think the system is though) , a Cardiologist there and got him transferred. My family arranged the transportation and details with the insurance and that night he was transferred via Ambulance to John’s Hopkins. 4 days later, they had put a Stint in his heart and he was back home. My Dad lived to be 91.

    The system is corrupt, and full of mindless automatons who routinely cause more problems than the patient arrived with . And don’t pigeonhole my comment liberal trolls, as if this were an “isolated incident”. Its not. Its just the most glaring. And its all 100 percent true.

    Its insanity. Mass insanity. People relying on modern commercialized medicine to stay healthy is as insane and inane as trusting an auto re\pair shop to keep your car running smoothly. Take it to one, and watch how many “problems” they find that you didn’t know you had (because you didn’t have them till you got there). Its not the hospitals or doctors job to make you healthy. Its his job to keep you alive long enough to milk you for everything you and your insurance carrier, is worth.

    No one needs to agree with my opinion but its my opinion based on my experience, not yours. And its my body not yours. That bullsh% that “its not about you its about you infecting others” is crap. Pure crap. The CDC themselves still puts out numbers showing it has a 99 percent survival rate. MOST people will be fine. Fauci himself said it. So what the F#$$#$ are we doing?

    Like I said before. If they try to stick their needle in me its going in someone’s eye.

  3. 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.
    How do you imagine it’s clever? How does it help with the federalism issue?

  4. Does Turley’s pearl clutching at the Biden Administration’s efforts to find a method to address the ongoing health emergency extend to the Texas effort to openly violate existing federal law via a non-reviewable “workaround”?

    1. Well, skipping dog, federal immigration law is flouted every single day. Many crimes aren’t prosecuted any more in CA, thanks to a few DAs deciding they’re just not going to enforce it.

      It’s beginning to look like laws just don’t apply.

  5. I have been vaccinated, both shots. I will get a flu shot in October. But I still don’t trust politicians who want to push mandates on us.

  6. the biden admin is flipping the bird to the Supreme Court……if a Federal Judge or Supreme Court does not reverse then perhaps the Supreme title should be replaced by backward kicking macropod court

  7. The lying Fauci strikes again. A rookie weatherman predicting the weather in Oklahoma is far more reliable than this a$$hat has been with his recommendations. He is the government’s poster child for the Peter principle.
    https://www.theblaze.com/news/fauci-no-answer-why-americans-with-natural-immunity-need-vaccines?utm_source=theblaze-dailyPM&utm_medium=email&utm_campaign=Daily-Newsletter__PM%202021-09-10&utm_term=ACTIVE%20LIST%20-%20TheBlaze%20Daily%20PM

    1. Klain is an apparatchik whom can not hold back his glee at attacking the CONSTITUTION in his zeal to make a one party fearless ( senile ) leader state. The AG is another total wanker…thank god he got passed over for appointment for scotus . His partisan payback is proof in the pudding he was never qualified for scotus and he will never make the grade !.
      Note that these petty leftist tyrants and apparatchiks are saying the quiet part out loud more frequently than ever. Act of desperation …maybe they realize the covid scamdemic isn’t the vehicle to power they expected and this is their collective lashing out and grinding of teeth. They are so anxious and intemperate it shows. This hubris of theirs will bring them down !.

    2. I appreciate your comment, Olly, but I have to disagree with you about Fauci being a “poster child for the Peter principle.” The Peter Principle concerns individuals who are competent at some lower level, but are then promoted to higher levels where they are no longer competent. But there’s no evidence that Fauci was ever competent at any lower level, now matter how low that level might be. Rather, I think Fauci is the government’s poster child for the “Feldman principle of government.” The “Feldman principle of government” postulates that an incompetent person working in government will be promoted to post where that individual will do the most damage to the public that they are capable of doing.

    3. Most of the doubt I see about the booster shot in people who are vaccinated seems to come from Fauci and the administration’s refusals to deal with the science. Who can have any confidence in what these people say? One can’t even look for other opinions because there is so much cancelling going on.

      The booster shot is a good deflection from Biden’s failure in Afghanistan, the economy, the Southern border, the spread of Covid by illegal aliens, jobs, debt and what we have done to our children. This crazy harmful stuff is mounting up quicker than ever.

      I can’t see how anyone around the world would risk their lives to help the US. The US under Biden turns on their friends and supports terrorists.

    4. “The lying Fauci strikes again.”

      The very same Fauci who was against coercive vaccination before he was in favor of coercive vaccination.

      When you have government “science,” you get shills (like Fauci).

  8. Take the vaccine, after all, the FDA has approved it. But whatever you do, don’t take a look behind the curtain to find out this:

    Human Drugs regulatory activities account for 33 percent of FDA’s budget; 65 percent of these activities are paid for by industry user fees.

    If I’m reading this correctly, drug manufacturers provide 2/3’s of the FDA’s human drug regulatory budget.
    https://www.fda.gov/about-fda/fda-basics/fact-sheet-fda-glance
    https://medicalxpress.com/news/2021-08-covid-vaccines-opportunity-big-pharma.html

    1. Even scarier – Over the past 50 years FDA has recalled 16 approved drugs that had been on the market for over ten years. The Covid vaccine is a new type (mRNA) which has never been used before (not for Covid or anything else). There are no long term studies of possible dangers. My biggest fear has always been dangerous side effects, most likely to the immune system, which don’t present for several years. If this comes to pass we could be on the verge of a public health disaster that could affect not just the vaccine recipients, but also their offspring.

        1. Unfortunately, there will probably never be an independent analysis. It would require the cooperation of the companies and/or the approval of all personnel to reveal personal medical info.

  9. If you really believe any of this has to do with science or natural events or believe the unvaxed are the spreaders when “science” say the vax are the superseders and dying off faster than the unvaxed because you took the poison you deserve what you what is coming. Do your own research. No the people paid off by government and big pharma (Media, News, Academia). Follow the money.

  10. Klain is an arrogant incompetent that can only survive as a government bureaucrat. He belongs in GITMO. A complete moron and always has been.

  11. U.S. Crippled By Political Dysfunction Causing Science To Get Tangled In Culture Wars

    It makes sense that political polarization hampers effective pandemic response, but this is where explanatory inference gets trickiest, because we epidemiologists exist like everyone else inside the social forces that shape the pandemic. We are citizens as well as scientists, none of us immune to politicization and the way that it distorts perceptions and inferences.

    For example, how did the effectiveness of a drug like hydroxychloroquine become a political litmus test, rather than a question for dispassionate clinical study? Nothing is gained when basic scientific and policy questions become ideological footballs to be inflated and tossed around. The United States is the dominant biomedical research entity in the world, and so its flagrant political dysfunction became a global problem. This infused everything that we epidemiologists did with doubt, suspicion and the whiff of partisanship.

    https://www.nytimes.com/2021/09/10/opinion/covid-science-trust-us.html

    1. That’s what happens when a malignant narcissist wants to control everything, including COVID messaging, and REAL scientists make a fool of him. But for Trump, no one would give serious consideration to Hydroxychloroquine as a COVID preventative or treatment, but the faithful disciples believe everything he says, and will defend him to the hilt, despite all proof to the contrary, including the Big Lie.

  12. Backsliding: Where We Stand In The Pandemic

    The disease caused by the novel coronavirus has killed at least 656,000 people in the United States since February 2020 and enveloped nearly every part of the country.

    New cases and deaths declined dramatically in spring and early summer as vaccines became available. But as the more contagious delta variant of the virus took hold in July, covid-19 numbers began to look more dire again, particularly in states with low vaccination rates.

    By the end of August, the seven-day average had again climbed above 1,000 people per day for the first time since spring.

    The pace of vaccinations peaked at more than 4 million on some days in April, and by July, more than half the U.S. population had received at least one dose of vaccine.

    Edited from:

    https://www.washingtonpost.com/graphics/2020/national/coronavirus-us-cases-deaths/

    …………………………………………..

    One has to ask why Republicans have leveraged their credibility on being ‘The Anti-Vaccine Party’. Why not cooperate with health experts to put this pandemic behind us?

    Only mild cynicism is needed to conclude Republicans want to drag-out this pandemic as long as possible. That way they can say ‘Joe Biden failed to minimize this crisis’.

    1. Washington Compost forgot. The unintended societal consequences of the 2020 TRAILS. It can be seen in a letter to the president signed by over 500 professionals calling the 2020 COVID-19 TRAILS Lockdowns as a “mass casualty incident.” (https://www.scribd.com/document/462319362/A-Doctor-a-Day-Letter-Signed). Per The Lancet, the 2020 TRAILS has put 150 Million more into poverty, 75 K Americans are estimated to commit deaths of despair in 2020 (Headey et al., 2020), 125 K children will die of malnutrition (Headey, 2020), and 270 million are nearing starvation (UN, December 7, 2020, press release).

    2. Has anyone asked themselves why people who are fully vaccinated with both jabs, are still getting Covid-19 & dying?? Maybe it doesn’t work because it’s impossible to kill with a vaccine! Do the research & quite buying the lies!
      The Director of the CDC stated that the vaccinated are now the Super Spreaders of Covid-19. So what’s that all about???
      Dr. Dan Stock had an excellent presentation to the Mt Vernon school board in Indiana! Might be beneficial in understanding this Covid-19 Virus!

    3. “One has to ask why Republicans have leveraged their credibility on being ‘The Anti-Vaccine Party’. “

      Trump is the man who pushed hard enough to get the vaccine, so you are spilling your usual rubbish all over yourself. The anti-vaccine party was the Democrats who pushed against vaccine production until they were in power. To them the vaccine is a crisis not to be wasted. They depend on a lot of foolish Americans to buy into their ever changing views that are solely based on politics.

      SM

    4. “One has to ask . . .”

      I think you forgot to mention that Blacks and Latinos have, by far, the lowest vaccination rates — and that those two groups are, by far, Democrats.

  13. The future of our nation and the free world is going to depend on the law-abiding Democrats reining in the bad ones and make it snappy. Because the GOP has proven that they are good for nothing but fundraising and stabbing each other in the back and there is no reason to expect that to change even if they did get the majority back. These “workarounds” are only going to get more frequent and more blatant as they meet with zero meaningful pushback.

  14. But it’s ok to work around the constitution. Did George W. get a declaration of war for Afghanistan?
    But was it really a war? An occupation. Time to leave.

  15. We oppose President Biden’s lawless and authoritarian new mandates announced yesterday. We also denounce his divisive rhetoric toward unvaccinated Americans, his reckless antipathy for federalism, and his threats to usurp state governors.

    Contra Mr. Biden, this is entirely about freedom and personal choice.

    His proposed executive orders represent nothing less than centralized tyranny, whereby the federal government operates under no legal constraints. This is government anarchy.
    https://mises.org/wire/against-bidens-mandates

  16. And that is the point. The dilemmas arising from Covid and AIDS are analogous in public health terms, and the establishment comes down on different sides in each case based entirely on which groups are politically favored or disfavored. Gays lean Democratic, therefore they will be politely requested to wear condoms. Vaccine holdouts lean Republican, therefore we will revoke their right to hold a job until they comply.

    Ironically, the one coercive measure that experts did embrace during the AIDS epidemic is one that is now more favored by Covid doves than hawks. Employees with AIDS often lost their jobs when their status became known, just as unvaccinated workers are losing their jobs now, and for similar reasons, the perception that they posed a threat to coworkers and customers. States and municipalities responded by extending anti-discrimination protections to HIV status, making it illegal to fire a person or exclude them from public accommodations for having AIDS. Florida and California banned employers from even giving their workers antibody tests.

    “The whole point of such laws is to say this: It may indeed cause you psychological distress to mix with others whom you irrationally dislike or fear. Too bad,” explained Charles Krauthammer in a column that was cited when he won the Pulitzer Prize for commentary in 1987. “These particular prejudices are destructive and irrational. Therefore the state will prohibit you—even in ‘private sector’ transactions such as hiring and firing or serving people in your own luncheonette—from acting upon your groundless prejudices.”
    https://www.theamericanconservative.com/articles/public-health-hypocrites/?utm_source=mailchimp&utm_medium=email&utm_campaign=vaccinemandate&utm_source=The+American+Conservative&utm_campaign=aef5733d7f-EMAIL_CAMPAIGN_2021_09_10_01_22&utm_medium=email&utm_term=0_f7b67cac40-aef5733d7f-63676937&mc_cid=aef5733d7f

    1. Yep, it couldn’t have to do with the fact that SARS-CoV-2 has airborne transmission and HIV doesn’t, or that there are now several vaccines to prevent Covid but no vaccine to prevent AIDS, despite many years of effort.

      1. Anonymous, HIV is easier to prevent than Covid. HIV should have gone extinct promptly upon the discovery of its transmission route. Safe sex. Don’t share needles. Don’t be promiscuous. That would have rendered HIV to the dustbin of epidemiology history.

        Instead there is this whacky idea of “gifting” HIV to someone. People actively trying to get it. We have more promiscuity than before. Condom use is still way too low. The pill doesn’t protect against any STDs.

        The world didn’t even need a vaccine to exterminate HIV. It needed responsible people. Tragically, that proved an impossible requirement.

        1. The argument that you’re using about HIV also applies to diseases like syphilis. The argument only works if you ignore everything that we know about human behavior.

        2. The Founding Fathers like John Adams knew that a religious people was imperative.

          So much for the non-religious of the Right and Left today, both traitors

          While our Country remains untainted with the Principles and manners, which are now producing desolation in so many Parts of the World: while she continues Sincere and incapable of insidious and impious Policy: We shall have the Strongest Reason to rejoice in the local destination assigned Us by Providence. But should the People of America, once become capable of that deep simulation towards one another and towards foreign nations, which assumes the Language of Justice and moderation while it is practicing Iniquity and Extravagance; and displays in the most captivating manner the charming Pictures of Candour frankness & sincerity while it is rioting in rapine and Insolence: this Country will be the most miserable Habitation in the World. Because We have no Government armed with Power capable of contending with human Passions unbridled by morality and Religion. Avarice, Ambition Revenge or Galantry, would break the strongest Cords of our Constitution as a Whale goes through a Net. Our Constitution was made only for a moral and religious People. It is wholly inadequate to the government of any other

          https://founders.archives.gov/documents/Adams/99-02-02-3102

            1. Morality is based upon religion.

              What was considered moral and just under the Aztec empire would have been very differently than what is considered moral and just under Judeo/Christian values. Even though atheists might think their values are divorced from religion, they actually derived from it. They just excised out the religion part.

              If that same atheist had been born in Druid times, with human sacrifice, or Roman times, burning people in metal bulls, or pretty much anywhere in pagan history, their ideas of right and wrong would be very different.

              1. “Morality is based upon religion.”

                So there is no such thing as a this-worldly, absolutist code of morality?! Religion has a monopoly on morality?! One’s only choices in ethics is either dogmatist or relativism?!

                That view is historically and philosophically ignorant.

                  1. Bwahahahahaha! 😆😁😂🤣😄😅

                    Damn Natacha, Karen S. is living so rent-free in your head that you are now trying to insult her on other people’s comments.

                    It’s so obvious you are exactly what you claim her to be.

        3. The left did a lot of harm spreading Covid early in the game. People should ready Randy Shilts’ book. He was a reporter who also died of AIDS. The book is based on facts and reality, not politics.

  17. “Work around” really means let’s cancel the part of the Constitution we don’t like. The amazing thing is that the anointed think that they can just say what there are doing right out loud. Once again it will soon become apparent that a “work around” will be another source of embarrassment for the “work arounder” when it comes before a judge. A wise man once said, “stupid is as stupid does”.

  18. 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.

Leave a Reply