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Tuesday, January 31, 2023

States are preparing for a legal battle over vaccine authorization

So far, 27 states have expressed opposition to the federal vaccine authorization, which the governor says is a violation of personal freedom

Almost all Republican-led states have expressed opposition to the vaccine authorization announced by President Joe Biden last week. Many of them vowed to oppose this authorization in court, but since the details of Biden’s government policy are still unknown, they are unwilling to express specific legal strategies.

The authorization will require companies with more than 100 employees to have employees vaccinated against COVID-19 or tested for the disease once a week. Biden said it will be implemented through the Occupational Safety and Health Administration (OSHA).

At least 27 state governors and attorneys general, all Republicans, have made comments opposing the authorization. They generally support vaccination, and some of them even support vaccination tasks of private companies. However, they largely oppose the idea that companies should be mandated to vaccinate, especially the federal government.

Arizona Attorney General Mark Brnovich has filed a lawsuit against the authorization, claiming it violated the Constitution’s equal protection clause. The goal of the Biden administration is to compulsorily vaccinate American workers, but does not require those who are brought in after illegally crossing the southern border of the United States to be vaccinated, thus demonstrating the “unconstitutional” prejudice that “favors unauthorized foreigners”, Burr Norwich’s September 14 briefing said.

One of the most powerful statements against this authorization came from South Carolina Governor Henry McMaster, who promised to fight the Biden administration “to the gates of hell to protect the freedom and livelihood of every South Carolina citizen.”

Critics most often call the order a power grab, federal over-expansion, division, counterproductive, non-American, and unconstitutional.

Nebraska Governor Pete Ricketts told The Epoch Times: “I am 100% opposed to this vaccine rule because I believe it should be a personal healthcare option.”

He acknowledged that there are other vaccines that are mandatory in various environments. But he pointed out that these vaccines are much more mature, and the COVID-19 vaccine is less than a year old, “there is no time to disseminate relevant information.”

According to Ricketts’ experience, those who are resistant to vaccination often distrust the health authorities.

“They just don’t know who to trust,” he said.

He accused the Centers for Disease Control and Prevention and the director of the National Institute of Allergy and Infectious Diseases, Dr. Anthony Fauci, of “inconsistencies and the way they deliver information.”

Fauci and others in the government have been inconsistent on many issues, including the recommendation to not wear masks initially and later, and the percentage of the population that needs to be vaccinated to achieve herd immunity. In the spring of 2020, most areas of the United States were under strict lockdown, and the authorities refused to publicly oppose the large-scale national protests and riots triggered by the death of George Floyd, a black man, during his arrest in Minneapolis.

At the same time, they criticized other rallies and protests.

The authorization also seems to ignore the different realities of different states.

For example, despite the few restrictions, Nebraska has one of the lowest COVID-19 death rates in the country.

“We have never performed a statewide mask mission; we have never made a stay-at-home order. We tried to solve this problem in the easiest way because I believe in personal freedom,” Ricketts said.

Florida Governor Ron DeSantis (Ron DeSantis) stated that he opposed the authorization to make medical decisions on the grounds of personal freedom. But even if he supports it in principle, he will still oppose Biden’s ideas, he said at a press conference on September 13.

He particularly opposes this authorization, which obviously includes those who have been infected with COVID-19, and according to some studies, they enjoy a higher immunity than that produced by the vaccine.

“If you really follow science, you will recognize this natural immunity,” DeSantis said.

He suggested that this authorization might even exacerbate the problems it claims to alleviate.

One argument in support of this task is that unvaccinated people need to be forced to vaccinate to reduce the risk of them eventually occupying hospital beds and overwhelming the healthcare system.

But according to De Santis, this is not a problem of beds, but a lack of staff, especially nurses. The state of De Santis has seen some hospitals crowded with COVID-19 patients.

In view of the fact that a large proportion of medical staff refused to vaccinate, he asked how this authorization would help solve the shortage of personnel.

“Will you fire all these nurses who have been treating COVID patients or have been working?” he asked. “Again, most of them, many of them may have been infected with COVID and recovered, and indeed have natural immunity. Therefore, it will eventually cause problems for the health system and may make the problem worse. .”

When it comes to the specific details of how to oppose this authorization, at least a dozen governors and attorney generals said they would file a lawsuit. However, it is not clear what legal arguments they will put forward.

“The U.S. Department of Labor and OSHA will have to issue regulations in this area, and then we will better understand how to solve this problem from a legal perspective,” Ricketts said.

“But we are definitely exploring all these opportunities and putting everything on the table.”

Christina Pushaw, DeSantis’ press secretary, is also a general.

“We are studying all legal options to protect the rights of employees, and Governor DeSantis encourages business owners to respect employees’ medical privacy rights,” she told The Epoch Times via email.

George Mason University law professor Ilya Somin said that one possible way may be to attack the Biden administration’s power to issue authorizations through the Occupational Safety and Health Administration.

According to the OSHA Act of 1970, the agency can implement “emergency testing standards” when it is determined that “employees are exposed to serious risks due to exposure to substances or reagents determined to be toxic or harmful to the body or new hazards.”

The government may claim that COVID-19 is in the category of “new hazard”, but So Ming questioned whether this disease is a new hazard because it has been around for more than a year and a half, and whether the regulation only applies to “a new hazard” Substances or reagents” rather than hazards of any nature.

He further questioned whether COVID-19 poses a “serious danger” to employees because they are easily vaccinated.

He said in a recent Reason column: “In fact, any workplace activity will pose a serious danger to at least some people, if the latter cannot be expected to take even the minimum precautions themselves.”

The governors or attorneys general of the following states have spoken against the authorization: Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Missouri, Mississippi, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia, and Wyoming.

Petr Svab is a reporter covering New York. Previously, he reported on national topics including politics, economics, education, and law enforcement.


This News Originally From – The Epoch Times

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