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Wednesday, October 5, 2022

Tester joins Manchin in revoking OSHA vaccine mandate

Senator John Tester (Democrat from Montana) announced that he will join Senator Joe Manchin (DW.Va.) and all 50 Republicans in the Senate to revoke President Joe Biden’s mandate to vaccinate in the private sector.

“I’m not crazy about mandates,” Tester said on Tuesday, although he added that he supports mandates aimed specifically at medical and military personnel.

Tester, a moderate Democrat in the upper house, is the second Democrat to announce that he will join the Republicans in repealing a mandate under the oversight law of the 1990s.

Senator Joe Manchin announced his decision on December 3, saying he would support Republicans in their efforts to remove the private sector mandate.

Manchin explained his decision with a statement: “I personally received both the vaccine doses and the booster vaccinations, and I continue to urge every West Virginian to get vaccinated on their own.” Nevertheless, the senator stressed that he is against any attempts to impose vaccinations on employers and private sector workers.

“Let me be clear: I am not in favor of any government regulation to vaccinate private businesses,” Manchin said. “This is why I co-sponsored and strongly support the bill to remove the federal government’s requirements for vaccines for private businesses.”

“I said a long time ago that we need to incentivize, not punish, private employers who have a duty to protect their employees from COVID-19,” Manchin said.

Senator Joe Manchin (DW.Va.) speaks at a hearing at the Dirksen Senate Building in Washington on June 9, 2021 (Stephanie Reynolds / Poole via Reuters)

Manchin and Tester are joining Republicans in a concerted effort to abolish the private sector mandate through the authority of Congress, formulated and published under President Bill Clinton.

On November 18, all Republicans in the Upper House joined Senator Mike Brown (RR) and Senate Minority Leader Mitch McConnell (RK) to challenge the measure under the Congressional Review Act (CRA).

The CRA, approved in the 1990s by House Speaker Newt Gingrich, allows Congress to revise and, if necessary, repeal new federal rules imposed by federal administrations such as the Occupational Safety and Health Administration (OSHA). If a rule is waived in accordance with this procedure, federal administrations are prohibited from issuing the same or substantially similar rule.

Under the rules of its charter, a CRA petition can be accepted by a simple majority without the risk of obstruction.

Biden unveiled his extensive vaccination mandate in September, telling the nation that “our patience is running out” with millions of Americans choosing not to get vaccinated against the CCP (Chinese Communist Party) virus.

Powers apply to all federal employees, including military personnel and federal contractors. They will also extend to the private sector, requiring all firms with 100 or more employees to require vaccinations or weekly testing for the virus.

To enact the regulations, Biden asked OSHA to declare an emergency interim standard. In the past, such standards have been used to protect employees from hazardous chemicals or other similar toxins.

OSHA said in a statement to The Epoch Times that the interim emergency standard “will provide [that a firm’s] the workforce is fully vaccinated or requires all workers who have not been vaccinated to test negative at least once a week before going to work. ”

Epoch Times Photos
Epoch Times Photos
President Joe Biden in Washington during a briefing on September 24, 2021 (Evelyn Hockstein / Reuters)

In total, Biden’s mandate will extend to approximately 100 million Americans, nearly a third of all US citizens.

However, the legal maneuvers that Biden used to infiltrate the private sector are subject to a number of rules and restrictions that could lead to the repeal of the OSHA rule.

Chief among them is the CRA movement, which not only repeals the interim OSHA standard, but also prohibits the introduction of another, essentially similar rule.

The mandate also faces challenges in the judiciary, as the conservative 5th Circuit Court challenges Biden’s authority over decisions concerning the health of private sector employees and employers.

Citing Biden’s “waning patience”, 5th Circuit Court of Appeals Judge Kurt D. Engelhardt wrote that in order to protect “our constitutional structure … the freedom of people to make strictly personal decisions in accordance with their own convictions – even, or perhaps especially when these decisions upset government officials ”- should be supported.

Tester’s decision to join Manchin and the GOP comes amid growing legal and government concerns over Biden’s dictatorship.

The second transition is also a worrying sign for the White House that Democrats in Congress are continuing to break with Biden, a trend that began with Biden’s controversial withdrawal from Afghanistan and has intensified recently as more Democrats speak out against Biden’s rampant energy policy. inflation, etc. and spending plans.

For Republicans, this second defection could signal that the moderates are more critical of the mandate than Biden could have hoped, and the flight of two senators could prompt a small group of moderates to follow suit.

In a loosely held House of Representatives, Republicans will need the backing of five Democrats and every Republican to overturn a rule under the CRA, but Tester’s flight makes it almost certain that the resolution will pass in the upper house.

Joseph Lord

To follow

Joseph Lord is a Congressional correspondent for The Epoch Times who specializes in Democrats. He received his Bachelor of Philosophy from Clemson University and was a Fellow of the Lyceum program.

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