Megyn Kelly Show
Starting at about the 12 minute mark of this legal discussion Biden’s Vaccine Mandate Shannen Coffin, former counsel to VP Dick Cheney, and Alan Dershowitz, professor emeritus at Harvard Law School, discuss the legality of Biden’s new workplace vaccine mandate.
Partial Transcript
Coffin: Biden is being advised by some people, look, do it. If it’s unconstitutional the courts will strike it, at least in the meantime we will have gotten the results that we wanted.
The Constitution: Presidents make an oath to support it. Legislatures do, members of the executive do, you can’t just willy-nilly violate the constitution and then just say leave it to the courts.
Hard cases make bad law, and in this case it’s bad law.
There’s a discussion of what states can do, OSHA can do, Congress can do, and the President can do.
Megyn Kelley: Twice now, at least Biden’s flaunted it.
That’s how I saw things in Biden to Force Employers of 100+ Employees to Require Vaccinations or Weekly Tests
Is This Executive Order Constitutional?
I highly doubt it, but it is a decision corporations can make on their own. Biden’s eviction mandate was unconstitutional as well and already went down in flames.
But neither party cares about such things these days. Look no further than the Clearly Unconstitutional Texas Anti-Abortion Bill.
Expect the Texas hypocrites to scream the loudest. But don’t forget the Democrat hypocrites who got upset with overturned Trumpian mandates.
Of course, two wrongs do not make a right nor do infinite wrongs make infinite rights.
So here we are.
The bottom line is hypocrites on both side do not give a damn about the Constitution, rule of order, or precedent.
Mish
The other day, I saw this young person in the emergency room. No real medical history. Positive for COVID-19. Around my age. They were having a heart attack.
Intubated with intermittent chest compressions on and off in progress, they came to the cath lab where I worked tirelessly on them for what seemed like hours. Tried every possible thing I knew and had been trained to do. But ultimately, it was not to be. It was their time, and God was calling them home.
The next moments were kind of a blur. Someone asked me if I’d like for them to go tell the family. I said no. It’s my responsibility. Just comes with the job. And we all know it’s the worst part.
I walked slowly to the waiting room. It’s never easy. It’s always hard…this…this was so much harder.
I introduced myself to the parents who looked to be around my mom’s age, to the spouse who was younger than I was. They said the rest of the family was still down in the ER…the kids…their young kids…also in the ER.
I remember sort of this look of hope in their eyes. Hope for good news. I took a deep breath.
“We did everything we could…but their heart wasn’t strong enough…they died…I’m so…”
I stood there as they screamed.
It’s true what they say. Many of you have probably experienced this. People really do scream, “Why didn’t they just get the vaccineeeee.” Not the first time I’d heard this. Definitely won’t be the last.
I search for words, trying to find something, anything to say. Come on. Think! You’ve done this before…but words I could not find…
I place my hand on the parent’s shoulder. The masked nurse hugs the spouse as they collapse into hysterical sobbing, and their world changes forever.
When it’s over…I walk back out to the hospital wards…there’s no time to process the trauma right now. I knock on the next hospital room door…because I’ve still got several hours left. And there are other sick people that need help.
People pick and choose what they want to hear…where they want to make a stand.
Listen to me. People may not trust the government. Maybe they are skeptical of the news or even doctors. Most of us get it. But all of us, doctors and nurses and all the other healthcare workers out there, continue to live through this nightmare.
For our part, we have to keep telling our patients to get the vaccine. We tell them because it works. We tell them even if they get the virus after the vaccine, they are less likely to be seriously ill. We tell because this virus has done things to people, young and old, that we’ve never seen before and weren’t even aware was possible on such a global scale. Because I don’t want to keep telling people their mom or dad or husband or wife or kid died from something preventable.
Keep fighting the good fight friends.
#GetVaccinated
I am sure that OSHA can come down hard on small proprietary
businesses because over them they have total power like the IRS. A large
corporation on the other hand has different venues to make its concerns heard
and influence the politicians who pull the strings of agencies such as OSHA.
Biden’s gambit is an attempt to address a big problem for large companies in
this environment. There is a division between companies who want to vaccinate
(or say so) all their employees and those who don’t. The companies who insist
on vaccinations are losing employees and potential employees to those who do
not. It’s a type of brain drain. It’s a problem for their regular employees but
especially for keeping and attracting key employees. Large corporations have definitely
given calls to Biden’s people to tell them, gently of course, that they as big
companies have a big problem and they want Biden to fix it. The obvious
solution for Biden’s team was to apply vaccination on everybody knowing full
well that it will be struck down in the courts but what they gained and which
corporations gained was time. The large companies thanks to Biden were able to
reestablish a level playing field for finding and keeping employees but at a
great political cost which will blow up in the near future in my opinion.
I am not making a value judgement on the medical aspect but
only on the practical problems big companies would have at this time and the
way they would navigate the complicated relationship among their clients, their
workforce, the medical situation and politics.
Eddie, I do not know
OSHA so I cannot predict what they will do. I do however know the corporate
world and how they would react and this situation. For highly competitive
businesses losing the wrong people can result in a downward spiral and any
thinking manager would want to avoid that. Recently Jeff Bezos’s Blue
Origin has been eviscerated by teams of top talent moving to other companies like
SpaceX and it will be very hard for them to recover. I doubt if it was because
of covid but it is an example of what losing too many key people and teams can
do to a company. Blue Origin has a daddy moneybags behind them but most
companies do not. OSHA can level fines but frankly $87 million is not much of a
deterrent for a large company especially if it takes years of litigation before
having to pay it.
Forced vaccinations do have a precedent and I am not a
lawyer but as I have said in a former comment that the same reasoning will be
used to impose any vaccine or measures whatever the Executive branch decides it without the
impute of the legislative branch. Eighteen months ago emergency measures were
justified. Are extreme emergency measures justified today? That gives me pause.
and § 29 CFR 1904.7 mandates requiring employers to record
worker side effects from a COVID-19 vaccination through May
2022.
What’s happening in Israel is the real deal.
of the single additional mutations were slightly different depending on the individuals, although
infection was completely blocked at the highest concentration of the serum. Next, we analyzed the
Delta 4+ pseudovirus with four additional RBD mutations (Figure 6C). Surprisingly, most
BNT162b2-immune sera enhanced infectivity of the Delta 4+ pseudovirus in a dose-dependent
manner at relatively low concentrations of BNT162b2-immune sera, but showed weak
neutralization only at the highest concentration of the sera (Figure 6D and 6E). Especially, PFZ7
greatly enhanced the infectivity at relatively low serum concentration. Some sera, such as PFZ13
and PFZ14, did not show neutralizing activity even at the highest concentration of the sera.”