All eyes are focused on Washington, D.C. as the U.S. Supreme Court prepares for a quick decision on the legality of the Federal Government’s proposed COVID-19 vaccine mandate. If the Supreme Court sides with the administration’s latest, flawed proposal to deal with the ongoing crises of failed leadership, it will quickly impact the lives of every individual and eventually lead to even great government control.
In the next few weeks, the Supreme Court will determine the constitutionality of a federal mandate that all businesses with 100 or more employees either require COVID vaccinations, or for those not vaccinated that they be required to submit to weekly testing. If employees fail to fulfill either requirement they are to be fired according to the proposed order.
In Carteret County this will immediately challenge the county school system, our health care system including our hospital, Carteret Health Care, many of our local governments and several large businesses. But the mandate will not stop there should it be judged as constitutionally acceptable by the court, it will surely be expanded to all employers, no matter their staffing numbers and by extension, eventually the general public.
The legal approval of the mandate by the Supreme Court, according to various legal experts, is very much in doubt.
Erin Hawley, senior counsel for Alliance Defending Freedom, and a former law clerk to Chief Justice John Roberts, writing in Newsweek Magazine, described President Biden’s vaccine mandate as a “breathtaking assertion of authority,” which she contends is unconstitutional.
She argues that “the vaccine-or-test mandate is unlawful because Congress has not itself required nationwide inoculation and because the federal courts do not lightly presume that agencies have the power to make law in issues of such social and political significance.” This she contends restricts the ability of the Occupational Safety and Health Act to be used as the driver for the mandate since it applies to workforce hazards but not to “general life hazards” that the disease poses.
Concerned that this effort to force unconstitutional mandates on big businesses will fail to get the court’s approval, the administration is resorting to fear mongering with misinformation as was on display last week as the nine Supreme Court Justices were hearing oral arguments on the case.
Considering the common opinion that the Supreme Court is comprised of wise and thoughtful jurists, it was stunning to hear Justice Sonia Sotomayor offer an outrageously false claim that “over 100,000 children, which we’ve never had before, in serious condition and many on ventilators.” The digital fact checking website Politfact, reacted noting, “At the time she (Justice Sotomayor) made this comment, federal data showed that fewer than 5,000 coronavirus-positive children were in the hospital. In fact, fewer that 83,000 children have been hospitalized for COVID-19 – cumulatively- since August 2020.
That was only the beginning of the messaging front now being employed by the Biden administration. Monday, the White House sent out a press release quoting another publication, The Hill, which published an article by Dr. Thomas Kirsch, Clinical Professor of Emergency Medicine at George Washington University, entitled “COVID is killing the nation’s workforce- The Supreme Court needs to act now.”
Using broad statements and even broader statistics, Dr. Kirsch initiates his piece noting that “American workers are dying at an unprecedented rate- thousands of healthcare workers have been killed by COVID-19.” Throughout the article the author gives numbers accumulated over the past two years of the pandemic without regard to different variants or for that matter the different levels of care and medical procedures over that same period.
His conclusions do not jibe with those of the CDC which has indicated that the Omicron variant is not as severe as the previous variants. Dr. Kirsch conveniently ignores the fact that the vaccine does not provide protection from this most recent variant as the high number of break through cases, infections that have resulted among vaccinated patients, has shown.
So what is the ultimate value of hyperbolic pronouncements, and in the case of Justice Sotomayor, false statements? Assuming Biden’s mandate is denied by the Supreme Court, these messaging efforts are designed to create a climate of fear and panic, thus furthering more reliance on government solutions and hiding the failed leadership of the current administration.
But that trust and reliance is fast eroding as the public is becoming frustrated with confusing and vacillating messages emanating from the one government agency, the Center for Disease Control and Prevention (CDC), designated to provide factual and unemotional health information. This agency continues to vacillate on its guidance based on inadequate information and even pressure from various sectors, particularly large corporations such as the airline industry which has successfully argued for a shorter quarantine time for Covid-19 patients.
The public is becoming wise to this effort. Recent polling indicates that the public no longer trusts the government, relegating the pandemic to secondary concern behind the nation’s failing economy.
Unlike President Trump who challenged the health and pharmaceutical industries to bring innovative solutions to what is now an historic pandemic, President Biden has offered passive leadership that has done nothing to inspire either industry or the general public and now must resort to creating dictatorial mandates predicated on fear.
The solutions to this national crisis will not be found in unconstitutional mandates but rather in the innovation as occurred with Operation Warp Speed that resulted in the development of COVID-19 vaccines in record time.