Home Forums Hunting & Shooting Hunter's Campfire There Is No Federal Mandate for Employers of >100

What I've been saying all along, there is no law or guidance in place................yet, & not likely to be either.

Employers that have implemented vaccine mandates to the employees are doing it because they want to do it & are using Biden's bullschitt "speech" & press conference as cover.

Excellent article.

MM

Biden's Mandate Doesn't Exist



Joe Biden’s Vaccine Mandate Doesn’t Exist. It’s Just A Press Release

Americans are no longer living under representative government. We are living under government by the screen people, of the screen people, for the screen people.

By Joy Pullmann

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.

Yep.

Just trying to get private corporations to do what they know is unconstitutional.

I say shut it all down: make the commies beg for workers.

That's already happening to some degree; I think it will get worse before it gets better, combined with all the $$$ incentives not to work.

MM

A lot of companies are willing to commit suicide rather than stand up to the govt.

I am sure glad I'm retired and now only work for myself mostly by myself. My wife works in a medical clinic owned by 3 doctors that don't believe in this ''vaccine'' enough to take it. My youngest daughter is an RN at a big hospital ICU over around Dallas. She is on maternity leave and so far has refused the shot.

Drain the Swamp

Rickety included

Others will do it exactly opposite

[quote=slowmover12]Just trying to get private corporations to do what they know is unconstitutional.

I say shut it all down: make the commies beg for workers.[/

i agree that should happen, but don't think it's going to happen...Going out in public tells me that.

Was preaching that today at work.
Have been for weeks.
Passive resistance, at first.

If they mandate it by 12/1, DO NOT GET IT!

We needed to hire, got 2 resumes. An 84 year old man, and a 50ish woman
who hasn't worked in decades.

They need US.
Can't hire to fill one spot, they can't fire us all. (Only 2 or 3 of 30 are vaxxed)
They can't lose 20% of us.

At worst, wait until 12/1 and see what happens.
I'm betting they will blink if we show no weakness.
Our head supervisor already told the president that most
wouldn't take the shot. That's our best asset!

Some would cave before losing their job. Most probably.
But this can be won by a bluff, at most companies.

If it comes close to the deadline?
Then it's time to take Monday off.
Everyfukingbody. Don buy gas, beer, take out, go shopping, leave your
property. Shut the fugger down for a day.

And announce next week it will be Monday and Tuesday,
the following week...untill this goes away.

Hear, hear.

Exactly. A lot of businesses and employers want these mandates. They wanted to implement them themselves but were afraid of their workforce quitting. With federal-backing, even just the bluff, they can implement the mandates themselves without fear because they suppose the workers will capitulate their opposition as hopeless, and the mandates as inevitable. If the employers were against the mandates, they would resist them. It's as easy as ignoring the bluff. The ones not resisting are the ones that support them and want them. Jabbed workers take less sick time off. They're more obedient. The employers don't care about long-term effects. They care about quarterly results. Worst case outcome long-term is just less pension fund liability. Again, if they don't like the mandate, they will resist. If they're not resisting, it's because they're for it.

It's naive to think that Biden is driving an agenda that is unilaterally formed by a social democratic Progressive ideology. It's laughable that there is any of the kind of morality behind it that his speech belies:

"The vast majority of Americans are doing the right thing. Nearly three quarters of the eligible have gotten at least one shot, but one quarter has not gotten any. That’s nearly 80 million Americans not vaccinated. And in a country as large as ours, that’s 25 percent minority. That 25 percent can cause a lot of damage — and they are."

Big business that the Republicans are always accused of catering to has regularly been able to get at least as many favors from the left as from the right. They're almost always the beneficiaries of massive deficit spending, "infrastructure," and even so-called 'social' spending. They are the beneficiaries of welfare statism. The recipients of "checks" can't save anything under inflationary monetary policies, and most of the result of their consumption ends up in the landfill. The lasting impact shows up in the earnings and profits of whatever corporations are in position to benefit from the redistributive policies. The mandate bluff doesn't have a moral impetus.

So who is the real tyrant? The federal government or the employers that got a pass to make a mandate risk-free and now consider the matter settled. Jab or walk. Is that tyranny? When a business makes the mandate? Can companies tyrannize if they don't have the faculty of physical force? I suppose they're tyrannical about a lot of their other policies too then like disarming their workers. Maybe stop working for tyrants?

Because all they care about is money and looking good.
No moral compass

I thought that was the case. He sort of quietly said he was going to kick it back to OSHA to work out the details. Maybe they got nervous about it and let it die on the vine. Or maybe it was all just Joe being a buffoon. Who knows.

Young man I know (28 years old) is a high end welder for a shipyard... Navy contracts... he was told "get vaccinated or get fired". He is not necessarily an antivaxer, but like me, he HATES being pushed against his will.

I offered him a $60k job... I am sure it is less than the shipyard... but it is a guaranteed paycheck. I am sure that he and I working stuff together can get him to six figures pretty easy. He is not only a master welder... he is a master diesel mechanic... I also have friends in the HVAC world begging for quality men. $100k in a year stuff.

Hell... Walmart is hiring drivers at $87k/year plus a $12k signing bonus.

Not that I need a full time welder... or mechanic, but giving him a Plan B so he can start out on his own... seemed like the right thing to do.

A dozen different industries I could pimp him into for more money than a shipyard...

We’ve only seen the tip of the iceberg. As things escalate it’s only going to get worse. Idiot politicians playing with an economy when they have no understanding of how it works. Backlogs and jams in the supply chain will continue to build til it collapses. Anyone not stockpiling necessities and especially food is going to be sorry.

More like survival. Most of these barely over 100 employee companies are family owned small businesses. You think they want to lose everything they’ve worked hard for? Moral compass my ass. You run a business in this country, you’re playing a game. The govt changes the rules, you learn to play by the new rules or be ready to give it up and drop your quality of lifestyle quickly more than likely.

Not like this is the first time, they’ve been mandating unlawful scheit for the last 100 years.

I get fired on the 18th of this month. I work for the state of Washington. I came off the tools to take a supervisor position with the state at 45yo as a less physically demanding retirement type gig. I made 130k the last year on the tools and 70k with the state.....but I had tons of time off and a flexible schedule. I'm sitting on a cdl, every nccco cert there is and a current d1.1 and 1.5 welding card....and own outright a couple lathes, mill, surface grinder....and a ton more

If these fuggers think they can starve me out, they are nuts.

I might have to dust off my carhartts, but I damn sure don't have to swallow my pride.

Funny part is that I won a state employees award for ingenuity and they want me to go to oly and get a picture with the governor. I told them we can wrestle, but we damn sure aren't gonna shake hands.

Nothing in this post is accurate.

You have no clue as the the actual data and facts concerning the vaccine itself let alone the corporate policies surrounding it.

+1

You are NOT ALONE!