As the motion for stay filed with the 6th Circuit will argue, the federal government has no power under the Constitution to force half the U.S. private sector workforce — 80 million workers or more — to be vaccinated against their will or endure repeated medical testing as a condition of simply earning a living. Nor is OSHA empowered to compel employers to enforce this government diktat or face punishing fines. Yet the OSHA mandate would do just that. Even if it had such power, Congress did not delegate it to OSHA, which is overtly trying to ram this unconstitutional, extra-statutory, and unprecedented mandate into immediate effect through emergency rulemaking to avoid public comment in violation of the Administrative Procedure Act. Forced to invade employees’ medical choices or histories and their religious beliefs in connection with a condition of employment, The Daily Wire risks being trapped between its obligations under the mandate and the prohibitions against discrimination under the Americans with Disabilities Act and the Civil Rights Act of 1964, as well as the burdens of laws regulating the possession of private information. The mandate is unconstitutional because the Constitution does not grant Congress — much less OSHA — the general police powers needed to mandate vaccination and virus testing as a condition of private employment, or to deputize employers to enforce that mandate on its behalf.Read more at: DailyWire.com
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