October 12, 2021

USA: Biden's National Vaccine Mandate DOES NOT Exist, It's Just A Press Release. Except Military And Federal Employees. Employers Are Going Rogue Forcing Employees To Get Vaccine Or Quit.

The Federalist
written by Joy Pullmann
Thursday October 7, 2021

Yes, we’ve heard all about Joe Biden’s alleged vaccine mandate for private companies employing 100 or more people. It was all over the news even before he announced it on September 9. His announcement has jeopardized the employment of millions of Americans and increased worker shortages in critical domains such as health care.

There’s only one problem. It’s all a mirage. Biden’s so-called vaccine mandate doesn’t exist — at least, not yet. So far, all we have is his press conference and other such made-for-media huff-puffing. No such rule even claiming to be legally binding has been issued yet.

That’s why nearly two dozen Republican attorneys general who have publicly voiced their opposition to the clearly unconstitutional and illegal mandate haven’t yet filed suit against it, the Office of the Indiana Attorney General confirmed for me. There is no mandate to haul into court. And that may be part of the plan.

According to several sources, so far it appears no such mandate has been sent to the White House’s Office of Information and Regulatory Affairs yet for approval. The White House, the Occupational Safety and Health Administration (OSHA), and the Department of Labor haven’t released any official guidance for the alleged mandate. There is no executive order. There’s nothing but press statements.

Despite what you may have been falsely led to believe by the media fantasy projection machine, press statements have exactly zero legal authority.

“There is nothing there yet that gives employers any mandate,” Stephanie McFarland, spokeswoman for the Indiana Occupational Safety and Health Administration, told me Oct. 6. “The president made an announcement on this asking OSHA to do it, but we’ve not yet seen anything come from it yet,” she also said. When the state agency gets any further information, she said, they’ll review it.

To impose the public perception of a mandate, the Biden administration is following an unusual rule-making process it also employed earlier this year, called an emergency temporary standard (ETS). The spring ETS rule took nearly six months to issue. Meanwhile, companies are telling reporters their vaccine mandates will have at the latest December deadlines. (For those who can’t calendar, that’s four months after Biden’s non-existent mandate was proclaimed. According to OSHA, an ETS takes up to six months to go into effect after the initial mandate is issued in the Federal Register — which, again, for the proclaimed 100-employee mandate hasn’t happened yet.)

Lawyers for big business were blunt about their love for this mandate mirage: “Everybody loves this cover,” Minneapolis employment lawyer Kate Bischoff told Bloomberg Law in September. “Many were already looking down the road at doing this, but the fact that they get to blame Biden is like manna from heaven.”

Using the ETS procedure instead of normal federal rule-making processes both allows the Biden administration to push its demands faster and without any public input or requirement of responding to public input, which is normally required of even legally laughable federal rule-making like this one would be. That is part of why ETS rules have been overwhelmingly overturned in courts.

“OSHA has used that legal authority only 10 times in 50 years,” David Rivkin Jr. and Robert Alt wrote in the Wall Street Journal in September. “Courts have decided challenges to six of those standards, nixing five and upholding only one.”

There are many other reasons any federal vaccine mandate would be obviously illegal and unconstitutional, Rivkin and Alt write, including that “The states have plenary police power to regulate health and safety. Congress has only those limited powers enumerated in the Constitution. That wouldn’t include the authority to impose a $155 fine (today’s equivalent of the $5 at stake in Jacobson) on an individual who declines to be vaccinated, much less to prevent him from earning a livelihood.”

But who needs the Constitution when you have an American people conditioned for compliance with even wildly outlandish things the screen people insist they must think and do?

Earlier this week, the Wall Street Journal published a letter from Bruce Atkinson making several excellent observations about the nonexistent mandate, including the following:
The mandate’s nonexistence shields the Biden administration from legal challenges that may ultimately restrict the Occupational Safety and Health Administration’s authority. Yet the mandate is still effective at compelling industries and companies into compliance, as it leaves room for any eventual issuance to target noncompliant entities. This implied cudgel is particularly effective on industries and companies that are dependent on federal spending or the goodwill of federal regulators. The nonexistent mandate also allows so-inclined state and local governments and companies to issue their own mandates, seemingly in lockstep with Washington.

The Biden White House has been well-served by presenting a nonexistent mandate as a done deal.
Now, let me see, what presidential administration does all this remind you of? Why, that of Mr. “Pen and Phone” himself, Barack Obama.

His also wildly unconstitutional Deferred Action for Child Arrivals was simply a two-page memo, for example, but it is still allowing some 616,000 people to simply ignore major U.S. laws, and could easily be reinstated by courts as litigation continues nearly a decade later. It seems that, given such unchecked gains from openly lawless actions Democrats have turned into standard operating procedure over the years, Joe Biden feels free to reduce that constitutional contempt to simply a phone now.

What this “government by press release” also allows is for Republicans like Indiana Gov. Eric Holcomb to complain about Biden’s tyranny while using zip, nada, zilch of their elected authority to stop it. Holcomb has used the same executive rule-by-decree throughout the lockdown era without effective restraint by a supermajority-Republican state legislature, even telling the press churches were required to deliver Christ’s Body and Blood his way while quietly keeping that part out of his executive orders, surely because government dictating religious exercise is obviously unconstitutional and would quickly have generated lawsuits.

All this allows weak Republicans and evil Democrats to shadowbox each other for the cameras while ordinary Americans suffer under their abdicated leadership. By the time Republican attorneys general get around to filing lawsuits over any eventually issued legal documents that fulfill Biden’s promises, the vast majority of people not wanting government to force them into medical procedures will likely be unemployed, forcibly injected with treatments that have almost no track record, forced from their education paths, provided with fake documents like these citizens are beneath COVID-rule-exempt illegal aliens, and all the rest.

This is how weak Republicans keep letting Democrats go right on gleefully disemboweling our rights just like they have nearly 50 million of the American unborn. Gee, thanks, “public servants.” Tell me another one about how you love American liberties and the Bill of Rights. I’ll believe that when I see you sacrificing anything substantial to fight for them.

What Democrats are doing as Republicans stand down yet again is a moral and constitutional abomination. Not even the fig-leaf pose of a pen signing balderdash-filled documents is needed for today’s Democrats. Whatever they say, you do. You have no rights or say in the matter, no possibility for objecting to even them forcibly injecting things into your own body and the bodies of your children.

These people believe they are royalty, and too many Americans are acting like they’re these losers’ serfs instead of citizens endowed by God with inalienable rights, including the right to consent — through elected representatives, not never-elected dictatorial bureaucrats — to rules that restrict our rights, everyday lives, and human dignity.
CNBC
written by Kevin Stankiewicz
Tuesday October 12, 2021

Southwest Airlines CEO Gary Kelly told CNBC on Tuesday he believes businesses should not impose Covid vaccine mandates on their employees, but he said his company is doing so to comply with federal rules put in place by the Biden administration.

“I’ve never been in favor of corporations imposing that kind of a mandate. I’m not in favor of that. Never have been,” Kelly said in an interview on “Squawk on the Street.” “But the executive order from President Biden mandates that all federal employees and then all federal contractors, which covers all the major airlines, have to have a [vaccine] mandate ... in place by Dec. 8, so we’re working through that.”

Southwest said last week that its 56,000 employees needed to be vaccinated against Covid by Dec. 8 in order to keep working at the airline under the federal mandate. Southwest’s announcement came a few days after other carriers — including American Airlines, Alaska Airlines and JetBlue Airways — informed employees about the need to adhere to federal vaccine rules.

In August, before the Biden administration’s action, United Airlines and Hawaiian Airlines instituted Covid vaccine requirements for their staffs. United said earlier this month that more than 96% of its 67,000 U.S. employees have shared proof of vaccination after its late September deadline.

Southwest started to offer incentives such as extra pay to spur uptake of the coronavirus vaccine in mid-September, following in the footsteps of other carriers such as Delta Air Lines, American and United.

Delta later said that starting Nov. 1 unvaccinated workers would have to pay an extra $200 per month for company health insurance.

Kelly noted Southwest’s efforts to encourage employees to receive a Covid shot, adding that individuals also are able to apply for religious and medical exemptions.

“My goal, obviously, is that no one loses their job. The objective here, obviously, is to improve health and safety, not for people to lose their jobs,” said Kelly, who’s retiring in February and handing the reins to three-decade Southwest veteran Bob Jordan.

Kelly’s comments Tuesday come as Southwest faces heat for widespread flight cancellations in recent days and Monday’s sharp decline in the company’s stock price.

There were signs that Southwest’s operations were improving Tuesday, as 87 flights, or just 2% of its schedule, were canceled. Its shares closed up about 1%.

From Saturday through Monday Southwest scrapped about 2,200 flights, with more than half that number on Sunday alone.

According to Southwest, the cancellations can be traced to bad weather and issues with air traffic control in Florida. That caused planes and crews to be in the wrong position, escalating into more pervasive problems. In August, the airline reduced its schedule in hopes of fixing operational struggles over the summer that regularly led to dozens of cancellations.

In the past couple of days, the company pushed back on speculation that the recent disruptions were related to workers calling out sick as a way to protest its decision to institute a Covid vaccine requirement.

Kelly also denied that was the case in Tuesday’s CNBC interview: “We have some very strong views on that topic, but that’s not what was at issue with Southwest over the weekend.”

Kelly has repeatedly urged his staff to get vaccinated. ”[But] I do not believe it is up to me, as CEO of a company, to mandate to people that they get vaccinated,” he said in an employee message last month. “That’s my personal philosophy and my personal belief.”
Orrick.com, Law firm
written by Erin M. Connell, Partner, Employment Law and Litigation, Pay Equity
and written by Natasha Domek, Managing Associate, Employment Law and Litigation, Employment Advice and Counseling
Monday September 13, 2021

On September 9, 2021, President Biden signed two executive orders in support of his COVID-19 Action Plan. The first is an Executive Order requiring the Safer Federal Workforce Task Force to issue guidance mandating certain COVID-19 safety protocols for federal contractors and subcontractors. The second is an Executive Order requiring vaccination for federal employees. Additionally, although he did not sign an executive order, President Biden announced that he has directed OSHA to develop a rule mandating vaccination or weekly testing for employers with 100+ employees. Below is a quick summary of what President Biden’s actions means for employers.

Federal Contractors and Subcontractors:

President Biden’s Executive Order on Ensuring Adequate COVID Safety Protocols for Federal Contractors requires federal contractors to follow COVID-19 workplace safety protocols, although these safety protocols have not yet been published. By September 24, the Safer Federal Workforce Task Force will provide definitions of relevant terms for contractors and subcontractors, explanations of protocols required of contractors and subcontractors to comply with workplace safety guidance, and any exceptions to Task Force Guidance.

While the Executive Order makes no mention of a vaccine mandate for federal contractors and subcontractors, President Biden’s COVID-19 Action Plan and September 9 remarks make it clear that the President expects the Task Force Guidance will include a vaccinate mandate for federal contractors and subcontractors.

The Executive Order also requires covered federal contracts to include a new “contract clause,” to be created by the Federal Acquisition Regulatory Council and requiring contractors and subcontractors to comply with all Task Force Guidance. This “contract clause” will apply starting October 15. Importantly, the new rules will apply only to new federal contracts and existing federal contracts that are renewed or extended and are valued at more than $250,000 (with some limited exceptions). Further, the rules will apply only to employees who perform work in the United States at a worksite where at least one individual is working on or in connection with a Federal Government contract or contract-like instrument. The Executive Order does not apply to grants; contracts or contract-like instruments or agreements with Indian Tribes; or contracts or contract-like instruments with non-Executive Department agencies.

Employers With 100+ Employees:

Under President Biden’s COVID-19 Action Plan (he did not issue an executive order for large employers), OSHA will develop a rule requiring employers with more than 100 employees to mandate vaccination or conduct weekly testing for its employees to come to work. Employers will be required to provide paid time off for the time it takes to get vaccinated and to recover from any vaccination-related symptoms. The requirement will be implemented through the Emergency Temporary Standards (ETS).

At present, it’s not clear if the vaccine mandate will apply to remote workers. Additionally, it appears employers will still need to abide by their legal obligations to reasonably accommodate individuals with disabilities and employees with sincerely held religious beliefs when warranted.

Federal Employees:

On September 9, President Biden also signed Executive Order on Requiring Coronavirus Disease 2019 Vaccination for Federal Employees. The executive order requires executive branch agencies to set up a program requiring vaccinations for all federal employees. Although there is no “effective date,” the White House Press Secretary said federal employees will have 75 days to get vaccinated. Although this executive order does not apply to private employers, it is the same Task Force responsible for issuing the COVID-19 workplace safety protocols for employers with 100 or more employees. The Task Force is required to issue its plan for federal employees a week earlier (September 16) than the workplace safety protocols for large private employers, so the guidance may be useful regarding what to expect for private employers.

Key Take-Aways:

Although we are still awaiting further details, employers covered by these new mandates should begin plans to prepare mandatory vaccination or testing procedures for their workforce, work with legal counsel to develop a process for employees to request reasonable accommodations, and keep an eye out for further developments over the next few weeks.
@t_rex554

#duet with @t_rex554 The heat is on folks. Employers being bribed to get work force yabbed. Tax payer funded coercion. #coercion #mandates #job #sos

♬ original sound - T Rex

The woman in the TikTok video says, The only reason why your employer is mandating the vaccines it's because they're getting about $30,000 to $100,000 in federal government incentives. If your employer can get EVERY EMPLOYEE VACCINATED, they get a f-ing federal BONUS (BRIBE). Hence, my employer got rid of me just like that. Because I didn't want to take the vaccine. She convinced everyone else to get the vaccine. She gave everyone else their little $20 to $500 whatever the heck she offered. And I was the only one that was keeping her from her federal government incentive (BRIBE). So that's why she got rid of me.

WATCH, NOW THAT I'VE SHARED THIS TIKTOK VIDEO THAT WAS PUBLISHED OVER A MONTH AGO IT WILL BE SUDDENLY CENSORED.

UPDATE 10/17/21 at 1:21pm: Added info below.

Unbelievable, Biden's Press Secretary Psaki outright lies to the public in the video below. Psaki replie to the question below by saying, "we're going to continue to implement THE LAW which the president of the United States has the ability, the authority, the legal authority to do. And we're going to continue to work to get more people vaccinated. To get out of this pandemic the president will use every lever at his disposal to do that.

The vaccine MANDATE or REQUIREMENT or REQUEST is not A LAW. Biden has never signed an Executive Order nor has Congress voted to make the vaccine mandate A LAW. Therefore, there is NO LEGAL REASON for you to feel forced to get the covid19 vaccine. (emphasis mine)

Posted by Princess Mononoke at 10:29 PM

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