Michael Vadon via Wikimedia Commons

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.

The opinions expressed by columnists are their own and do not necessarily represent the views of AmericanActionNews.com

Peter Roff is affiliated with several Washington, D.C. public policy organizations and is a former U.S. News and World Report contributing editor who appears regularly as a commentator on the One America News network. He can be reached by email at [email protected]. Follow him on Twitter @PeterRoff.


  1. I heard about and I’ve made such great money.KJH It’s really user friendly and I’m just so happy that I found out about it. The potential with this is endless. 
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  2. I think the American people should have the right to choose and not to be forced into something that they don’t want. Fauci has lied to the people of this country long enough
    He should be kicked out and even prosecuted

    1. prosecuted and hung for many crimes including killing people both with the covid vaccine and and AZT and i beleiev at least on other drug but maybe more. He is owned by big pharma.

  3. Here is the argument and it is backed by much better DR.s and much better researchers than fauci (he is a quack) and the FDA, CDC, WHO are liars and not true researchers. These organizations are paid off, corrupt, hacks that can’t tell the truth because of the big pharma money. Fauci has already done much harm and killed many aids people with his backing of AZT and big pharma got a big pay day (as I am sure fauci did too, one way or another) and whth these covid vaccines Fauci is still showing big pharma he will stand behind these really corrupt businesses and push their poison. This is also a big attempt at control and possibly population control because china and fauci (along with many politicians from many countries and all thanks to big money and china) I know who the enimeies are why doesn’t the supreme court, or maybe they do and that money has gotten to them.

  4. When Biden said that it would take more than pistols and hunting rifles ( Yes he said Hunting not their famous rhetoric of Assault rifles ), to remove him from office , he made a direct threat against the American Citizens and public , and ceased being the installed President, and became a Dictator ( Hitler threatened the German people in the same way) Biden in following Obamas directives ( As Obama in his illegal 3rd term is under orders from George Soros to destroy the US, to bring it under the Control of the New World Order ) , the only chance left for the American People and the country to stop further destruction is the 2022 midterm elections. If the Mail in Ballot agenda is eliminated and the Dominon Machines being monitored for discrepancies ( Like unexpected shutdowns in Key states all at the same time ) we may have a chance to stop these power Mad out of control Nazi collaborators, from causing the destruction of our country.

    1. That will go out the window when citizens stop resisting democrat party tyranny. Until then, we still have the choice.

  5. It is a proven fact that the vaccines do not prevent a person from catching the COVID-19 virus. The vaccines will reduce the effects and reduce the chance of being hospitalize and/or death…The government is lying when they say the vaccine will prevent you from getting covid-19….

  6. What ever its takes to stop Bidens regime from illegaly inflating covid numbers to force illegal mandates on american people! They want to test those shots on people give them to every illegal coming across the border! 1 out 3 has aids or covid, with Bidens ghost flights flying them on contracted planes to specific airports, put in hangers and bused to secret locations in the cities! Pennsylvania got 4 plane loads from dec 17th till the 25th! You wonder why the new variant spreds so fast! Biden! They should all be rounded up and sent to Connecticut where Biden lives! I hope this is a wake up call to all demorat believers that this isnt the way to go for America and everything they do and on news is a lie!! Vote this trash out of office before they destroy America!

  7. Hey pence we wouldn’t be fighting this evil regime if you had done your job by upholding the constitution and allowing the legislatures in 5 states to rectify their electoral vote. You wimped out too scared to stand up for the law!
    Sorry I’ll never respect anything you say or do again …. Just another slithering snake from THE SWAMP!

    Your actions now….. WAY TOO LITTLE AND WAAAAY TOO LATE!

  8. Yes lets shut down the government tyranny. If they really wanted to protect us then they wouldn’t be catering to big Pharma, big Tech and big Gov takeover of our freedoms. They instead would protect us from those intities!

  9. It’s funny this guy screwed up on Jan 6 and now he is trying to find relevance and redemption. No chance. Once a traitor always a traitor. He is part of the deep state and needs to be shunned. This article is probably a shill piece in an attempt to try and rehabilitate his reputation for a 2024 candidacy. Good luck with that. Lol.

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