President Biden appears to view Americans not as free citizens but as disobedient subjects. In September, he informed the millions of Americans who remain unvaccinated that “our patience is wearing thin.”
So the president told administrative officials to issue a mandate. Under an order by the Occupational Safety and Health Administration (OSHA), private businesses and nonprofits with 100 or more employees must coerce their unvaccinated employees to get vaccinated, undergo weekly testing or lose their jobs. Penalties can be $14,000 per violation, and they go up from there.
The mandate covers more than 80 million Americans. And it violates the Constitution and other federal laws. That’s why Alliance Defending Freedom is challenging this order on behalf of several groups in courts around the country.
Within a day of the order being issued, a federal court stayed the rule, citing “grave statutory and constitutional issues.” But the fight is only beginning.
Congress empowered OSHA to protect employees from toxic substances or hazards in the workplace. But, here, the agency essentially defined employees themselves as the hazard. This greatly oversteps its authority. The Supreme Court has said that, if Congress wants to give bureaucrats authority over major questions of “vast economic or political significance,” it must do so clearly.