Biden Can't Rule by Decree in Land of the Free, Home of the Brave

President Joe Biden’s vaccine mandate hasn’t even left the launch pad, and it’s already beginning to fizzle out.

Last week Biden proposed that the Department of Labor's Occupational Safety and Health Administration (OSHA) issue an emergency rule that would mandate all employers having more than 100 employees to require their workforce to either be vaccinated or be tested for COVID-19 every week.

After more than two dozen states announced that they’ll fight the mandate tooth and nail, Biden shot back that he welcomed the challenge, and threatened to use his favorite tool — executive orders — to sidestep their opposition to mask and vaccine mandates.

But his threat is turning out to be a paper tiger — much like the president himself.

It’s been nearly 40 years since OSHA attempted to enact an emergency order — that one addressed asbestos in the workplace.

The court struck it down.

Strike one.

The State of New York enacted a similar emergency COVID mandate — one that required all healthcare workers to be vaccinated.

On Tuesday morning a federal judge granted an emergency injunction to prevent the state from enforcing the mandate.

The plaintiffs argued that the mandate imperils the livelihoods of medical professionals who voice a religious objection to the vaccines, given that all available vaccines "employ aborted fetus cell lines in their testing, development, or production."

This, they say, violates the 1964 Civil Rights Act.

Judge David Hurd of the U.S. District Court for the Northern District of New York granted the temporary restraining order.

"The vaccine mandate is suspended," reads his order, and the state Department of Health is "barred from taking any action, disciplinary or otherwise, against the licensure, certification, residency, admitting privileges or other professional status or qualification of any of the plaintiffs on account of their seeking or having obtained a religious exemption from mandatory COVID-19 vaccination," Hurd’s order said.

Judge Hurd is a Clinton appointee.

Strike two.

Finally, Biden’s mandate has less to do with a medical emergency than it does with politics.

Along with the proposed rule covering all "large" companies, Biden signed an executive order, mandating that all federal employees and contractors be vaccinated.

But he also carved out a few exemptions.

The White House announced last week that U.S. postal workers — some 644,000 in number, many of whom interact with the general public every day — will be exempt, adding however, that "We strongly encourage them to comply with these standards."

Last year, in the heat of the presidential campaign, the National Association of Letter Carriers announced its endorsement of then-candidate Joe Biden.

It’s good to have friends in high places.

Also last week, Biden took care of his pals working in the building that he himself had worked in for nearly four decades. He exempted all members of Congress and their staff — who, like letter carriers, also interact with the general public every day.

Finally, although U.S. citizens are subject to the mandate, the nearly 2 million (so far) people who have illegally crossed the southern border from more than 100 countries are not. Nor are the 100,000 mostly unvetted Afghan refugees escaping (or possibly promoting) terrorism.

Fox News Channel’s Peter Doocy brought this up with White House press secretary Jen Psaki last week, observing that, "Vaccines are required for people at a business with more than 100 people. It is not a requirement for migrants at the border."

Doocy then asked, "Why?"

"That’s correct," Psaki responded. It’s all politics.

Strike three.

For all these reasons, when OSHA eventually promulgates its emergency ruling, it’ll be dead on arrival — as it should be.

This is America, a country where mandates run counter to our principles, where each person makes their own decisions based upon their own personal set of circumstances.

This is the land of the free, home of the brave. It’s not the land of decrees, home of the slaves.

And although it’s not needed, that would be ... 

Strike four.

Michael Dorstewitz is a retired lawyer and has been a frequent contributor to BizPac Review and Liberty Unyielding. He is also a former U.S. Merchant Marine officer and an enthusiastic Second Amendment supporter, who can often be found honing his skills at the range. Read Dorstewitz's Reports — More Here.