Washington, D.C. – The United States Supreme Court is scheduled this week to take up two cases critical to the survival of President Joe Biden’s executive orders mandating, separately, that businesses that employ more than 100 people and healthcare workers all be vaccinated against the novel coronavirus commonly called COVID-19.
Advancing American Freedom, an organization founded by former Vice President Mike Pence, announced Monday it had filed an amicus brief opposing the vaccine mandate and in support of the petitioners’ requests for a stay.
In its amicus, AAF argues that OSHA’s vaccine mandate published as an “Emergency Temporary Standard” is a means to “shortcut normal rule-making requirements” established by Congress and should be stayed in order “to prevent the irreparable harm to Americans, to jobs, to constitutional governance, and to our cherished freedoms.”
The mandates are a thorny issue, pitting the individual’s freedom of choice against the government’s responsibility as regards the general welfare of the American people. Most observers expect the court to rule against the Biden mandates but only because that’s what the tea leaves say a conservative court should do.
“America is about freedom and the ability to make the best decision for your family or business, and Joe Biden’s vaccine mandate must be stopped in its tracks in order to preserve freedom, protect American livelihoods and businesses, and to safeguard our constitution,” Pence said. “Joe Biden’s vaccine mandate is not the American way.”
Most other conservative commentators seem to be siding with Pence. Comments published Monday by highly regarded author Andrew McCarthy – a former chief assistant U.S. attorney – on the National Review website, echoed some of the points the former vice president made.
“Very simply, Biden is in violation of the Constitution. We have a republic, not a monarchy, and there is nothing inherent in the executive power conferred by Article II that authorizes the Biden decrees. So, the president lacks even arguable authority to coerce people into being vaccinated absent statutory authorization. Indeed, I must say “arguable” because it is doubtful that even Congress itself has power to force private citizens to submit to an invasive medical procedure, much less to delegate that authority to the executive branch,” McCarthy wrote.
The Biden workplace mandate is scheduled to take effect soon, affecting as many as 84 million working Americans. Last Thursday the administration asked the Court to leave the mandates intact because they were essential to helping public health officials contend with the continued number of COVID-19 cases still spreading across the United States.
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