A legal explanation for why the Biden vaccine executive order is unconstitutional.

Tyler S. Farley

As we await the full details of Biden’s executive order on mandatory vaccines, much of what we already know is unconstitutional and therefore illegal.

Without going into excruciating detail, the overall legal problem with the Biden EO is that it essentially tries to use private industry to perform an action the federal government is not constitutionally allowed to do. Such acts violate the 14th Amendment.

In a somewhat ironic turn of events, this legal argument is similar to the one Trump will use in his class action lawsuit against the big tech companies.

In the Trump lawsuit, we know private companies are not obligated to respect your First Amendment rights. However, if the government uses those corporations to silence your First Amendment rights, that then becomes unconstitutional. The government would then be using a private company to achieve an unconstitutional goal which it cannot perform legally on their own.

Of course, we now know that the White House worked with Facebook and other platforms to flag users and posts and have them removed. They admitted to this in a press conference last month. So there you have a perfect example of the government using private business to perform an unconstitutional act and deny people of their First Amendment rights.

Once a business acts at the request of the government, they are no longer fully protected as a “private business”. They are acting on behalf of the government, and therefore can’t violate your rights protected under 14th Amendment.

So coming back to the Biden EO, something very similar is occurring. The Biden administration and Biden himself have stated they most likely don’t have the constitutional authority to mandate a vaccine. So instead they are trying to coerce businesses to do it for them.

Hopefully you can now see the similarity between this and the Trump big tech lawsuit.

In both cases, the government is coercing businesses to act on their behalf to stifle the First and 14th Amendment rights of citizens. This is illegal and unconstitutional.

In fact, Biden gave a speech recently where he urged businesses to mandate the vaccine and then stated “don’t worry, we have your back”.

What he meant was, he knows he is asking them to do something unconstitutional, but to not worry as his administration will take care of the legal issues if they come up.

This was an admission of guilt and an admission that they are circumventing the constitution by using private businesses to do their deeds.

In summary, the government cannot coerce businesses to operate on their behalf as a work-around to avoid constitutional limitations. This is a violation of the 14th amendment and it is exactly what the Biden vaccine EO is doing.

So don’t let the media fool you by claiming these actions are legal. They will most likely end up in court very soon and will be found to be unconstitutional.


Note: Many vaccine mandate proponents will point to the 1905 SCOTUS case of Jacobson v Massachusetts as proof Biden’s actions are legal. This article touches upon that and why that ruling does not apply at all to the current covid vaccines.