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The four biggest problems with Biden's vaccine order

Biden
© Flickr/LBJ Library/Public Domain
US President Joe Biden
Back in December of 2020, then President-elect Biden said that he would not make vaccines against COVID-19 mandatory, nor did he think they should be mandatory. Given the new vaccine mandate by the White House, set to affect nearly 100 million Americans by some estimates, one reasonably conclude that Biden misled the people. However, Biden's actions will likely increase vaccine hesitancy, lead to further distrust of the government, and can expect multiple legal challenges - as well as civil disobedience.

These outcomes can all be expected due to four distinct challenges to the mandate.

1. Disregard for Congress and the Constitution

First, Biden's executive order is just that - an executive order. Congress, the legislative branch, and thus the entire concept of representative government, has been bypassed by President Biden. The White House has no legislative authority to create an emergency rule under OSHA and it says as much in the U.S. Constitution. Article 1, Section 1 states very plainly, in a single sentence:
"All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives."
Nowhere in that sentence are legislative authorities granted to the Executive branch. Likewise, the President does not reserve such powers - powers which belong to the states or to the people, as outlined by the Tenth Amendment in the Bill of Rights.

Comment: The push-back is revving up as many states are in uproar over Biden's stance:
Twenty-seven Republican governors or attorneys general have vowed to fight the latest executive order issued by President Joe Biden mandating that over 80 million private employees receive COVID vaccinations or undergo weekly testing, or their employer will be fined.

The governors who've expressed opposition include those from Arizona, Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Missouri, Mississippi, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia, and Wyoming.

Republican attorneys general from states with Democratic governors who also vowed to fight include Kentucky Attorney General Daniel Cameron and Louisiana AG Jeff Landry.

Florida Gov. Ron DeSantis, with whom Biden has sparred over mask mandates and vaccine passports, said Florida would fight back:
"When you have a president like Biden issuing unconstitutional edicts against the American people, we have a responsibility to stand up for the Constitution and to fight back, and we are doing that in the state of Florida," he said. "This is a president who has acknowledged in the past he does not have the authority to force this on anybody, and this order would result potentially in millions of Americans losing their jobs."
Texas, which is already embroiled in several lawsuits with the Biden administration, vowed to sue. Texas Gov. Greg Abbott said after hearing Biden's announcement that
"Texas is already working to halt this power grab" and Texas Attorney General Ken Paxton said Texas would be suing the Biden administration "very soon."
Missouri Gov. Mike Parson said,
"OSHA cannot dictate personal health care decisions for Missourians. Missouri is not under an OSHA state plan, and Parson will not allow state employees to be used to enforce this unconstitutional action."
South Carolina Gov. Henry McMaster vowed to fight Biden, saying,
"The American Dream has turned into a nightmare under President Biden and the radical Democrats. They have declared war against capitalism, thumbed their noses at the Constitution, and empowered our enemies abroad. Rest assured, we will fight them to the gates of hell to protect the liberty and livelihood of every South Carolinian."
Arizona Gov. Doug Ducey said,
"Governors don't report to Joe Biden. Governors don't report to the federal government, the states created the federal government, and Joe Biden has stepped out of his reach. These mandates are outrageous. They will never stand up in court. We must and will push back."
Indiana Attorney General Todd Rokita indicated he was working with a group of AGs to file a lawsuit.
"My team and I, along with other like-minded attorneys general, are reviewing all legal action on how to stand against these authoritarian actions by the Biden administration."
In response to Republican pushback, White House senior adviser Cedric Richmond, a former Democratic congressman from Louisiana, told CNN the White House expected the opposition.
"... those governors that stand in the way, I think, it was very clear from the president's tone today that he will run over them. And it is important. It's not for political purposes. It's to save the lives of American people. And so, we won't let one or two individuals stand in the way. We will always err on the side of protecting the American people."
What will be Biden's move?
And...Biden will attempt to implement the employer vaccine mandate and punishments through an Emergency Temporary Standard (ETS). Think of this as a temporary measure that allows the agency to bypass normal rulemaking and regulatory procedures. The ETS is governed by 29 USC 655, which states:
ETS rule
Look closely at part (A), which requires the Secretary of Labor to determine that
"employees are exposed to grave danger from exposure to substances or agents determined to be toxic or physically harmful or from new hazards."
How has OSHA determined ALL large employers are exposing their employees to "grave danger"?

Here's the answer: they haven't. And they don't think they have to. In using the ETS - which are temporary - the Biden Administration is bypassing statutory and caselaw requirements that govern permanent health and safety standards.

Think of that for a moment: that they wish to use temporary regulations to mandate permanent vaccines.
Vaccine related info



Star of David

Israel is ramping up and manipulating Iran-US tensions again in order to stop a new nuclear deal

Bennett
© Reuters
Israeli PM Naftali Bennett
After the IAEA struck a breakthrough agreement with Iran last weekend, Israel quickly sought to escalate tensions by accusing Iranian-backed forces of using drones to attack US forces in Iraq.

Perhaps the most positive sign since the inauguration of Iran's new President Ebrahim Raisi, came on Sunday with a new IAEA-Iran agreement. Following a snap visit by the head of the International Atomic Energy Agency (IAEA), Rafael Mariano Grossi, Tehran agreed to allow the watchdog group to service cameras monitoring Iran's nuclear facilities.

This step sparked speculation that Iran was posturing towards renewing talks with international partners to re-enter the nuclear deal. However the positive energy was quickly skewered by Israel's Minister of Defense, Benny Gantz, who delivered a speech the same day claiming that:
"Terrorists from Yemen, Iraq, Syria and Lebanon are receiving training on how to operate Iran-made drones in the Kashan Base north of Isfahan. Kashan is leading Iran's export of aerial terrorism in the region."
On Saturday, according to Kurdish Security Forces in Northern Iraq, drone strikes had targeted Erbil airport, a site which hosts US forces. Drone attacks of this nature earlier this year sparked two separate US attacks on the Iraqi Popular Mobilisation Units (PMU) in both Iraq and Syria. Although no evidence has been brought to bear as to who was behind the various drone strikes on US forces, US media and the Biden administration have regularly blamed the Iranian-backed PMU.

Light Sabers

Friction among Taliban pragmatists, hard-liners intensifies

Baradar
© Reuters
Abdul Ghani Baradar
Friction between pragmatists and ideologues in the Taliban leadership has intensified since the group formed a hard-line Cabinet last week that is more in line with their harsh rule in the 1990s than their recent promises of inclusiveness, said two Afghans familiar with the power struggle.

The wrangling has taken place behind the scenes, but rumors quickly began circulating about a recent violent confrontation between the two camps at the presidential palace, including claims that the leader of the pragmatic faction, Abdul Ghani Baradar, was killed.

The rumors reached such intensity that an audio recording and handwritten statement, both purportedly by Baradar himself, denied he had been killed. The Pashto-language letter had a stamp from the office of Baradar, who had served as the chief negotiator during talks between the Taliban and the United States. Those negotiations had paved the way for the U.S. troop withdrawal from Afghanistan, which was completed in late August, two weeks after the Taliban overran the capital of Kabul.

Shortly after the Kabul takeover, Baradar had been the first senior Taliban official to hold out the possibility of an inclusive government, but such hopes were disappointed with the formation of an all-male, all-Taliban lineup last week.

Comment: Hopefully, what is important will remain and what is not will sift out as Afghanistan begins the giant task of governing a broken country that suffered decades of fighting, occupation, contention and deception.


Brick Wall

South Africa's Constitutional Court rejects Zuma's bid to have contempt of court order rescinded

jacob zuma south africa arrest riots

Former South African president Jacob Zuma's arrest sparked widespread riots and looting in the country
The Constitutional Court has dismissed former president Jacob Zuma's application to have the contempt of court judgment against him rescinded.

In its majority judgment on Friday, the apex court ruled that Zuma had not met the requirements of a rescission application. The court also awarded a costs order against Zuma.

A majority decision by the Constitutional Court previously found that Zuma was in contempt of court after he ignored an order from the same court to appear before the Zondo Commission.

Comment:


Light Saber

Liberals gasp! Ron DeSantis was right about monoclonal-antibody therapy - now he must pay

desantis biden
© Kevin Lamarque/Reuters
President Joe Biden participates in a briefing alongside Florida's Governor Ron DeSantis, in Miami, Fla., July 1, 2021.
Florida's governor was blasted by progressives for promoting Regeneron's COVID treatment. Now, demand is so great the Biden administration is rationing it.

Two months ago, Governor Ron DeSantis of Florida was being roundly castigated for promoting the use of Regeneron's monoclonal-antibody treatment as part of his state's efforts to fight COVID-19. Desperate to find something sinister in the push, DeSantis's critics threw out every charge they could dream up. At first, the line was that Regeneron's treatment didn't work. Then, it was that Regeneron's treatment worked fine, but represented a dangerous distraction from the vaccine. And, finally, it was that Regeneron's treatment was part of a corrupt plot to enrich DeSantis's donors.

Today, we learn from the Washington Post that, actually, none of that was the problem. Instead, DeSantis's sin is that he has been relying upon monoclonal-antibody treatment too much, and that this is unfair to other states that now need it.

What a difference eight weeks make.

NPC

Unhinged: 'Poisonous' MSNBC host Joy Reid slammed for 'Republicans love Covid' rant

Joy Reid
© AFP / Theo Wargo
Joy Reid speaks at a virtual event in New York City on May 19, 2021
Fresh from an on-air feud with rapper Nicki Minaj, MSNBC host Joy Reid has drawn scorn and ridicule for accusing Republicans of trying to spread Covid-19 into schools, offices, and stores.

"A message to Republicans: Okay, we get it! Covid is the precious and you love it. You love Covid so much you want it to spread into schools, at the office, in the WalMart, on the cruise ships, and at the club," Reid thundered during the opening monologue of Wednesday's episode of The ReidOut.

Comment: Nothing like watching the disintegration of society in real time. Joy Reid and MSNBC's equally unhinged Rachel Maddow are leading the way.


Briefcase

Why the Biden COVID-19 vaccine mandate is unconstitutional - and why Kavanaugh may be the key

KavanaughBiden
© EPA/Seah Mills/Reuters/KJN
US President Joe Biden • Supreme Court Justice Brett Kavanaugh
On September 9, President Biden announced he would circumvent the democratic process, ordering the Secretary of the Department of Labor to require employers with over 100 workers to "ensure their workforces are fully vaccinated or show a negative test at least once a week." This was essential, as Biden said, "to protect vaccinated workers from unvaccinated workers."

As we have explained, the Secretary of Labor will issue these regulations through OSHA by way of an Emergency Temporary Standard (ETS). 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).
Emergency notice
© OSHA
While the Biden Administration tells the public that there's no time to waste in issuing the mandate, the truth is that OSHA/Labor failed to argue the necessity of a vaccine mandate since the vaccines have been available - a time period approaching one year. Moreover, the Biden Department of Labor is secretly meeting with the US Chamber of Commerce and business lobbyists to gather support for the mandate.

Footprints

Ex-Pentagon head on Milley: 'A disgraceful and unprecedented act of insubordination', 'must resign immediately or be fired'

Gen Milley
© Win McNamee/Getty Images
General Mark Milley
Former Acting Secretary of Defense Chris Miller ripped Chairman of the Joint Chiefs of Staff Mark Milley on Wednesday over a report that Milley told his Chinese counterpart that he would warn the Chinese military if the U.S. — and then-president Donald Trump — was about to launch a strike.

The Washington Post reported Tuesday, based on revelations in a forthcoming book from Bob Woodward and Robert Costa, that Milley was allegedly so worried that Trump would strike China that he called and told Gen. Li Zuocheng of the People's Liberation Army that the U.S. would not launch a strike and, that if the U.S. did, it would not be a surprise. Milley reportedly said:
"General Li, I want to assure you that the American government is stable and everything is going to be okay. We are not going to attack or conduct any kinetic operations against you. General Li, you and I have known each other for now five years. If we're going to attack, I'm going to call you ahead of time. It's not going to be a surprise."

Comment: As Biden administration personnel found ways to validate General Milley's actions and the implications dripping from passages in the Woodward-Costa book, others spoke from a protocol perspective:
Christopher Miller, the former acting Secretary of Defense, said Milley should resign "immediately." In a statement to Fox News, Miller said:
"the armed forces since the beginning have operated under the inviolable principle of civilian control of the military."
Kash Patel, the former chief of staff for the Defense Department, said Milley violated laws governing the chairman's ability to exercise "any operational authority." Patel told Fox News:
"Congress put this in the statute because the U.S. military is to be led by a civilian, the commander-in-chief. Furthermore, by law, the national command authority goes from the president to the secretary of Defense to include anything relating troop deployments, operations in theaters of war, and nuclear command.

"Calling a foreign counterpart and discussing operational capabilities against that enemy is literally treasonous. The White House, nor the Office of the Secretary of Defense authorized the chairman to conduct any calls with Chinese officials regarding operations."
Rep. Greg Steube (R-Fla.) said in a tweet that the "deep state is real. General Milley needs to be court-martialed for sedition."

Rep. Dan Bishop (R-NC) said nobody elected Milley.
"He can't pretend otherwise. We need an investigation NOW & if true, his resignation & court-martial. While we're on the topic of 'unrest,' Biden & Milley are directly responsible for 13 dead servicemembers & letting Afghanistan fall into chaos."
Reacting to the statement from the Joint Chiefs of Staff, Donald Trump Jr. said:
"That isn't even remotely close to a denial from Milley ... it's basically a full throttle defense of his potentially treasonous actions. He needs to be removed."
See also:


Dollar

Shocking report exposes how US defense contractors have wasted trillions through fraud and corruption

US troops
© Getty Images/John Moore
American soldiers in the Zabul province of Afghanistan.
The newly released 'Profits of War' report from Brown University has revealed in staggering detail the full extent of the corruption unleashed by Washington's profligate defense spending during the 20-year War on Terror.

It notes that since the start of the intervention in Afghanistan in October 2001, Pentagon spending has totaled $14 trillion, with the US war budget increasing between 2002 and 2003 by more than the entire military spending of any other country. Between one-third and one-half of that total was pocketed by defense firms, which provided logistics and reconstruction, private security services and weapons - along the way, these contractors habitually engaged in "questionable or corrupt business practices," including fraud, abuse, price-gouging and profiteering.

Wartime conditions meant standard contract processes were circumvented - bidders, bids, and subsequent delivery weren't subject to significant oversight, so fleecing the Pentagon was extremely easy, particularly for well-connected companies with government ties.

No Entry

Putin, self-isolating, says 'dozens' in his inner circle diagnosed with COVID-19

Putin
© Kremlin/Tass
Russian President Vladimir Putin
Russian President Vladimir Putin says he expects to remain in self-isolation for several days after dozens of members of his inner circle tested positive for COVID-19.

Speaking via a video conference with leaders of the member states of the Collective Security Treaty Organization (CSTO) who had gathered in Dushanbe for a summit on September 16, Putin said he wished "he could shake hands and embrace" the other leaders as he originally intended before being forced to self-isolate.

Putin said:
"You know, unfortunately, I had to cancel my trip to Dushanbe at the last moment, and I am sorry about that. But that is because, as you know, the coronavirus was discovered not just in one or two people, but in several dozens of people in [my] closest circle. So now I have to stay in self-isolation for several days."
It was previously unclear how big the outbreak was and how long Putin would remain isolated.