As we’ve written here several times, the Biden vaccine mandate EO is almost certainly unconstitutional and will be struck down by the Supreme Court if fully implemented. However, it seems like the Biden administration is aware of that fact as well and are hoping to simply bluff their way to compliance.
This was no small executive order either. The new rule would impact at least 100 million working Americans and tens of thousands of businesses on day one of its implementation. That’s a pretty big deal and something you would expect the administration would be talking about regularly.
But that’s not the case at all. In fact, the administration has been silent. Since Biden’s original speech where he urged Americans to hate the unvaccinated and hold them responsible, he hasn’t uttered a word about his new sweeping executive order.
There are currently two dates set in the order by which details are suppose to be presented. One of those is coming up on the 24th of September, but the administration has been tight lipped on what to expect.
This administration deciding to do something that the Supreme Court will obviously shoot down is actually nothing new. They did the same thing a few months ago with the CDC’s federal eviction moratorium. The Supreme Court shot that down as well as and said any extension of the moratorium would have to come through congress as the CDC lacks the authority to do it.
But the Biden administration extended the moratorium anyway knowing good and well that it was unconstitutional. They even admitted that the time it takes to go through the courts will be enough to keep the moratorium going.
It didn’t quite work out like that. The extension was shot down within a month. And now, the Supreme Court is not very happy about the administration’s tendency to openly disregard their rulings.
With that being said, I doubt Biden will get too much sympathy when his vaccine mandate hits the docket of the Supreme Court. He’s already flouted their rulings once less than a month ago.
It looks like the goal of the administration was to make a big announcement, then try to drag out the process for as long as possible with as little details as possible so companies just figure out their own ways to mandate the vaccine. Then the administration will either just drop it entirely and act like they never suggested it or just wait until it is struck down in court then say none of it was their fault.
Either way, companies are then left with the liability for firing employees or forcing them to get vaccinated because the president bluffed them on TV.
Either way, this whole event is likely to turn into a giant legal debacle for the current administration and just the lates example of gross mismanagement.