No, It’s Not Legal, by Karl Denninger

The Biden Administration has tied itself in legal knots trying to craft its vaccine mandate so that it will pass Constitutional muster. If the Constitution still means anything, they’ve failed. From Karl Denninger at market-ticker.org:

Time to consider “When in the course of human events” yet?

It might be.

The Biden Administration’s “new issue” ETS out of OSHA is blatantly illegal.  That they issued it alone is just cause to immediately start drafting that document.  But — as soon as it publishes the lawsuits will fly, so let’s see if the “high priests” realize what comes next if they don’t drop an anvil on Der Fuhrer’s penis.

This article, however, isn’t about voting by either General Strike (which is entirely legal, I remind you) or from the roof and the hilltop, neither of which is legal at all.  It’s about the ridiculous infirmities in having OSHA do this in the first place which the Biden Administration admitted to months ago and in fact bragged about.

So let’s go down the list of why any person in a black robe has exactly zero excuse for not immediately issuing an injunction and then politically throwing Biden into the Potomac.

  • OSHA claims this is an “Emergency” and requires immediate action.  However, it wasn’t an emergency 11 months ago. Nor was it one in September, when there were many, many more cases and deaths than there are today.  It also isn’t one now until January 2nd, directly after a number of industry groups complained about the impact of it on the holidays.  Note that the alleged “authority” that OSHA has to deal with workplace insults and risks when it comes to an ETS depends on it being an actual emergency.  OSHA cannot deliberately decide to sacrifice employees “up to a specific date because its inconvenient for their employers.”  Indeed that act alone invalidates the ETS as it makes clear there is no emergency at all and the claim of one is a pretext.
  • OSHA’s regulatory authority is limited to workplaces.  A risk that is diffuse and beyond the workplace in at least equal quality and severity is beyond their mandate.  A respiratory virus is in that category.  Can OSHA mandate asbestos regulations or concentrations of chemicals in the factory or other working environment?  Sure.  Can they mandate that which is in the outside air in the ordinary environment at the same level of risk?  No.  There is no specific and articulable risk within general employment that is not present everywhere else in ordinary life.  
  • OSHA is required to back up their findings and claims with actual science.  They can’t.  Specifically there is no evidence that being jabbed is superior to being infected — in fact, its the other way around.  Even if it is superior at some point in time the alleged “rule” does not differentiate and, in the instant case, the evidence is that those who were jabbed in January of last year either lost all protection or actually have negative protection .vs. someone who was never vaccinated at all.  This, incidentally, makes their entire argument pretextual (and which the administration has admitted.)

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