Sumary of Why The Biden COVID-19 Vaccine Mandate Is Unconstitutional:
- The ETS would allow the Secretary of Labor to issue the vaccine mandate without the normal administrative rulemaking requirements (like notice and public comment periods).
- Moreover, the Biden Department of Labor is secretly meeting with the US Chamber of Commerce and business lobbyists to gather support for the mandate.
- As Bloomberg Law reports:Solicitor of Labor Seema Nanda held a virtual meeting with Neil Bradley, the Chamber’s chief policy officer, and other business lobbyists.
- The Chamber, the largest business lobbying group in the U.S., has yet to publicly declare a position on the coming Occupational Safety and Health Administration emergency rulemaking.
- Under this doctrine, the courts look to (1) whether the agency action is a major rule;
- Instead, there are general grants of authority to “set mandatory occupational safety and health standards.
- The OSH Act has never been understood historically to include mandatory vaccinations.
- This is significant because the Supreme Court recently looked to agency history to determine the CDC lacked the authority to issue its latest eviction mandate.