Vaccine Mandate Ruled Unconstitutional!

Bottom line up front, Biden’s mandate is unconstitutional. The vaccine mandate cannot and will not be enforced through OSHA. It is unlawful.

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Ruling

The federal government’s powers, however, are not general but limited and divided. See McCulloch v. Maryland, 4 Wheat. 316, 405 (1819). Not only must the federal government properly invoke a constitutionally enumerated source of authority to regulate in this area or any other. It must also act consistently with the Constitution’s separation of powers.

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OSHA’s mandate fails that doctrine’s test.

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The Court rightly applies the major questions doctrine and concludes that this lone statutory subsection does not clearly authorize OSHA’s mandate.

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Under the law as it stands today, that power rests with the States and Congress, not OSHA.