{"id":91285,"date":"2021-10-19T10:52:51","date_gmt":"2021-10-19T14:52:51","guid":{"rendered":"http:\/\/stateofthenation.co\/?p=91285"},"modified":"2021-10-19T10:53:26","modified_gmt":"2021-10-19T14:53:26","slug":"there-has-been-no-mandatory-vaccination-executive-order","status":"publish","type":"post","link":"http:\/\/stateofthenation.co\/?p=91285","title":{"rendered":"<h2>There Has Been No Mandatory Vaccination Executive Order<\/h2>"},"content":{"rendered":"<p><!--more--><\/p>\n<div class=\"article_body\">\n<p>By Renee Parsons<br \/>\nAmerican Thinker<\/p>\n<p>With civic guidance and political leadership absent on the heels of multiple national crises, the entire country is now roiled in an era of massive civilian disobedience campaigns as thousands of American workers seek protection from President Biden\u2019s flawed vaccine <a href=\"https:\/\/www.latimes.com\/politics\/story\/2021-10-14\/five-things-to-know-about-the-biden-administrations-vaccine-mandates\">dictates<\/a>.<\/p>\n<p>If you listen to Biden\u2019s <a href=\"https:\/\/www.nbcnews.com\/politics\/white-house\/biden-vaccine-mandate-could-be-finalized-early-next-week-n1281423\">recent incoherent statement<\/a> on vaccine mandates or you are an incurable aficionado of what used to be called mainstream media, you may think there is <a href=\"https:\/\/www.nbcnews.com\/politics\/white-house\/biden-announce-additional-vaccine-mandates-he-unveils-new-covid-strategy-n1278735\">reason<\/a> to believe that a formal Presidential Executive Order \u00a0mandating national Covid vaccinations had been issued. \u00a0As with many Democratic initiatives, the truth and reality of Biden\u2019s <a href=\"https:\/\/www.whitehouse.gov\/briefing-room\/speeches-remarks\/2021\/09\/09\/remarks-by-president-biden-on-fighting-the-covid-19-pandemic-3\/\">September 9th<\/a> announcement are frequently at odds.\u00a0 There was no mention of an Executive Order despite the widespread public message that a mandatory national vaccination decree was being applied to American businesses and the non-vaccinated public. Leave it to the Democrats to exaggerate their authority as they retain utter control over the lives of Americans; not unlike committed authoritarian gangsters intent on mugging what remains of our Constitutional republic.<\/p>\n<p>Soon after the alleged \u2018mandate\u2019 was announced, House Speaker Nancy Pelosi offered further proof how little the Democrats care about the American people or its \u00a0economy when she announced that\u00a0 <a href=\"https:\/\/www.forbes.com\/sites\/adamandrzejewski\/2021\/09\/28\/bidens-vax-mandate-to-be-enforced-by-fining-companies-70000-to-700000\/?sh=6028d0b1c0d4\">enforcement<\/a> of the \u2018mandate\u2019 was included in the <a href=\"https:\/\/populist.press\/dark-prediction-just-announced-about-joe-biden\/?utm_source=Populist%20Limited&amp;utm_medium=email&amp;utm_content=subscriber_id:1239434&amp;utm_campaign=Day%20200%20L1\">$3.5 trillion<\/a> \u201creconciliation\u2019 bill with a serious infraction costing employers up to $70,000 per violation and up to $700,000 for repeat offenders who dare question vaccine mandates as Unamerican.<\/p>\n<p>However, a visit to the White House website on Executive Orders (<a href=\"https:\/\/www.federalregister.gov\/presidential-documents\/executive-orders\/joe-biden\/2021\">Federal Register<\/a>) reveals that the Biden Administration has not, to date, filed any such EO.\u00a0\u00a0 It was reported that the object of the EO was to direct the Occupational Health and Safety Administration (OSHA) to issue a rule mandating vaccinations for employees in Americas top one hundred companies or submit to weekly tests or be fired.<\/p>\n<p>In addition, there appears to be no such EO action at the White House <a href=\"https:\/\/www.reginfo.gov\/public\/do\/eoDetails?rrid=200866\">Office of Management and Budget<\/a> as well as <a href=\"https:\/\/www.bdlaw.com\/publications\/prepare-now-for-a-new-osha-emergency-temporary-standard-on-covid-19\/\">no evidence of OSHA<\/a> preparation of an in-the-works standard to apply to the aforementioned unvaccinated.<\/p>\n<p>So, while there is great media fanfare as if there is a bona fide national mandatory mandate to take the jab, currently no such <a href=\"https:\/\/patriotpost.us\/articles\/83360-where-is-bidens-vaccine-mandate-order-2021-10-12\">legal foundation<\/a> exists for any American business to force that mandate on its employees \u2013 nor is there any foundation, at this point, for any State to initiate a legal challenge against the Federal government. \u00a0\u00a0In fact, there is simply no basis for a legal challenge to a mandated vaccination policy since the entire kerfuffle may be little more than a figment of Biden\u2019s feeble brain and has never been adopted as formal policy.<\/p>\n<p><img decoding=\"async\" src=\"https:\/\/www.americanthinker.com\/images\/bucket\/2021-10\/233196_5_.jpg\" alt=\"\" \/><\/p>\n<p>Plenty of propaganda, but no EO<\/p>\n<p>One possible explanation is that actual issuance of an EO would have opened a writhing can of bogus worms which would negatively affect Biden\u2019s sinking poll numbers. On the other hand, announcing a mandate without any actual executive order would provide American companies with the fa\u00e7ade of a legal requirement while removing any possible legal action against The State. \u00a0\u00a0In other words, while employees may be forced to get the jab, the government would remain immune from charges of acting in an unconstitutional manner and from exposure to a legitimate legal Court challenge.\u00a0 Let\u2019s say the State would put itself in a situation of having their cake and eat it too.<\/p>\n<p>Let\u2019s assume for the moment that the Biden EO had actually been promulgated.\u00a0 The issue is whether a hypothetical Executive Order to the Occupational Health and Safety Administration (<a href=\"https:\/\/news.bloomberglaw.com\/safety\/how-osha-can-conjure-bidens-soft-vaccine-mandate-explained\">OSHA)<\/a> \u00a0has the constitutional authority to issue a regulation to determine Covid as a \u2018<em>grave health concern<\/em>\u201d to the nation.\u00a0 A major hurdle to Biden\u2019s agenda is that such an ill-conceived EO would sabotage the Supremacy Clause of the Constitution which clearly allows Federal statute precedence over State law. However, the Biden Administration in its euphoria of <a href=\"https:\/\/www.whitehouse.gov\/build-back-better\/\">Building Back Better<\/a> has failed to grasp that an EO would not be comparable to Federal legislation; and therefore, lacking sufficient force of authority to supersede a state ban on a Federal mandate.\u00a0\u00a0 In addition, it can be expected that Red State Attorneys General will vigorously defend their states\u2019 rights under the Tenth Amendment;\u00a0 Blue States not so much.<\/p>\n<p>In other words, an EO is not on a par with Federal statute in that it does not carry the same legislative authority as a Congressional act.\u00a0 That has not stopped the Biden regime from thoughtlessly <a href=\"https:\/\/patriotpost.us\/articles\/82623-biden-pivots-from-afghanistan-and-demonizes-the-unvaxxed-2021-09-10\">abusing its power<\/a> by unnecessarily manipulating thousands of American into an emotionally stressful life and family crisis, fearful of a loss of employment and into a legally untenable situation; all under the guise of a deceptive legal mandate.<\/p>\n<p>Surely, companies that have since announced their compliance with the mandate, such as 3M, Boeing, United and Southwest Airlines must have legal counsel who advised them that the mandate is not a legal requirement and perhaps only the wishful thinking of a demented President. And yet, Southwest suffered massive turmoil the weekend before last, with thousands of cancellations and delays, and proved how little they care about their own employees when it <a href=\"https:\/\/www.ntd.com\/southwest-airlines-asks-court-to-reject-effort-to-block-covid-19-vaccine-mandate_689922.html?utm_source=newsletter&amp;utm_medium=email&amp;utm_campaign=2021-10-18\">opposed its own pilots<\/a> who sought injunctive relief\u00a0 from faux mandatory vaccinations. \u00a0To date, Walmart and JP Morgan Chase have not mandated vaccinations.<\/p>\n<p>In direct response to Biden\u2019s chimera,\u00a0 Florida had \u00a0already stepped in to protect its citizens from an arbitrary Federal mandatory vaccination requirement as in direct response to Biden. Texas Governor Abbott issued his own <a href=\"https:\/\/gov.texas.gov\/uploads\/files\/press\/EO-GA-40_prohibiting_vaccine_mandates_legislative_action_IMAGE_10-11-2021.pdf\">Executive Orde<\/a>r prohibiting a Federal vaccination mandate.<\/p>\n<p>So here we are left with a fraudulent Democratic Administration who dare to skew public policy, claiming to have been overwhelming elected as if the American public supports their Marxist views. \u00a0Nothing could be further from the truth. \u00a0The resultant response to Biden\u2019s mandatory vaccination announcement continues to fail as Americans in all walks of life\u00a0 join together and\u00a0 drawn their line as they message\u00a0 Biden that he is not their President.<\/p>\n<p>Photo credit: Rumble video <a href=\"https:\/\/rumble.com\/vn7bbl-why-colberts-vax-dance-shows-the-left-is-panicked.html\">screengrab<\/a><\/p>\n<h4><strong><em>Renee Parsons\u00a0served on the ACLU\u2019s Florida State Board of Directors and as president of the ACLU Treasure Coast Chapter. She has been an elected public official in Colorado, staff in the Office of the Colorado State Public Defender, an environmental lobbyist for Friends of the Earth and a staff member of the US House of Representatives in Washington DC. She can be found at\u00a0<\/em><\/strong><a href=\"mailto:reneedove3@yahoo.com\"><em>reneedove3@yahoo.com<\/em><\/a><strong><em>.<\/em><\/strong><\/h4>\n<\/div>\n<p>___<br \/>\n<a href=\"https:\/\/www.americanthinker.com\/articles\/2021\/10\/there_has_been_no_mandatory_vaccination_executive_order.html\">https:\/\/www.americanthinker.com\/articles\/2021\/10\/there_has_been_no_mandatory<br \/>\n_vaccination_executive_order.html<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-91285","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"http:\/\/stateofthenation.co\/index.php?rest_route=\/wp\/v2\/posts\/91285","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/stateofthenation.co\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/stateofthenation.co\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/stateofthenation.co\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"http:\/\/stateofthenation.co\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=91285"}],"version-history":[{"count":0,"href":"http:\/\/stateofthenation.co\/index.php?rest_route=\/wp\/v2\/posts\/91285\/revisions"}],"wp:attachment":[{"href":"http:\/\/stateofthenation.co\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=91285"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/stateofthenation.co\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=91285"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/stateofthenation.co\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=91285"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}