Alaska signs onto letter to Biden: Vaccine mandate for contractors is unconstitutional

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Republican attorneys general from 21 states, including Alaska Attorney General Treg Taylor, sent a letter to President Joe Biden on Wednesday saying that Biden’s Covid-19 vaccine mandate for federal contractors is “on shaky legal ground,” and may create problems in the nation’s already critically damaged supply chain.

Under the mandate, a private business would be required to force its employees to be vaccinated for Covid-19 before it could be awarded a federal contract or have an existing contract with the federal government extended or renewed. President Biden issued the mandate in a Sept. 9 executive order, and contractors have until December to comply.

“President Biden’s attempt to force vaccinations is, at the root of it, unAmerican,” said Gov. Mike Dunleavy. “These mandates cause division at a time where we need to work together. Forced medical decisions are counterintuitive – destroying America’s sense of fairness and liberty. My administration will continue to fight against these mandates to protect the inherent individual rights of all Alaskans. Medical choice is an individual American freedom.”

“Our laws prohibit this type of action, which is overreaching and inconsistently applied,” Taylor said. “This order improperly tries to use the force of law to punish federal contractors for decisions that should be left to them and their employees. Fortunately, federal and state law prohibits these bully tactics.”

Shortly after the Sept. 9 announcement by Biden that he will require all federal employees and contractors to be vaccinated,  24 GOP attorneys general sent him a letter warning that his actions were “unlawful and harmful” and “disastrous and counterproductive.” They threatened they would block it in court. Wednesday’s letter was yet another reminder that the states have legal remedies, but was not a lawsuit.

The letter maintains that the contractor rule is ambiguous and inconsistent with other regulations and existing laws. There is confusion about whether businesses with existing federal contracts would be subject to the mandate and how broadly the requirement would be applied across companies. Biden overstepped his legal authority when he issued the order, Taylor said.

“Like other mandates being imposed by the federal government, this mandate stands on shaky legal ground, cannot be reconciled with other messaging provided by the government, and forces contractors unable to make sense of its many inconsistencies to require that their entire workforce be vaccinated on an unworkable timeline or face potential blacklisting by the federal government or loss of future federal contracts. We strongly urge you to instruct agencies to cease implementing the mandate or, at a minimum, to provide clarity to agencies and federal contractors across the country and delay the mandate’s compliance date,” the attorneys general wrote.

“As an initial matter, agencies that implement the mandate may have their actions found unlawful and set aside as arbitrary and capricious. Many aspects of the mandate, as set out in Executive Order 14042, ‘Ensuring Adequate COVID Safety Protocols for Federal Contractors,’ and the subsequent ‘Safer Federal Workforce Task Force Guidance for Federal Contractors and Subcontractors,’ are internally inconsistent and at odds with actions taken elsewhere by the government to combat COVID-19,” their letter says.

Under the guidance issued by the Safer Federal Workforce Task Force, a “covered contractor employee” required to be vaccinated is any full-time or part-time employee “working on or in connection with a covered contract; or working at a covered contractor workplace.” The guidance defines employees working “in connection with a covered contract” as employees “who perform duties necessary to the performance of the covered contract, but who are not directly engaged in performing the specific work called for by the covered contract.”

That language appears to sweep in any employee with a tangential connection to a covered contract, even if that employee works remotely.

The attorneys general also questioned the logic for the mandate: “President Biden’s remarks in announcing the federal-contractor vaccine mandate highlight why the mandate is unnecessary. The President emphasized that ‘the vaccines provide very strong protection from severe illness from COVID-19 . . . [and] the world’s leading scientists confirm that if you’re fully vaccinated, your risk of severe illness from COVID-19 is very low.’ But the federal-contractor vaccine mandate seeks to protect the vaccinated—for whom the risk of severe illness is “very low”—from those who choose to remain unvaccinated. Not only is this reasoning illogical, but it is likely to increase skepticism about the vaccine in those who have chosen not to receive it.”

The attorneys said that implementing the mandate in the middle of a supply-chain crisis could have disastrous consequences in light of the approaching holiday season.

“As the Cargo Airline Association recently informed you, it will be ‘virtually impossible to have 100% of [the] respective work forces vaccinated by December 8.’ The ‘virtual impossibility’ of meeting this deadline is not unique to the cargo industry, and the inability of many contractors to guarantee compliance will have significant ramifications to the economy at large,” they said.

38 COMMENTS

    • Historically, no. But the vaccines of the past were for diseases which presented acknowledged clear and present dangers to children. Plus done with overwhelming public support.

      The vaccine for Covid is different on two counts. 1-Covid does not pose a clear and present danger to children
      2-Public support is clearly not there.

      Additionally the science behind the traditional vaccines was clear and didn’t stink of politics.

      • Excellent points, Masked Avenger. BTW, of the nearly 28 million youth ages 0-18, there have been only 5 deaths in the world from the China virus. Sweden and Denmark do not require masking of children and there have been no deaths from China virus in their children.

        • Just to clarify, David Boyle, there have been many deaths, but in all but those certain cases those dying had severe comorbidity. The Fauci Flu is a cold in a child, not a significant disease, and certainly not one warranting an experimental gene therapy with zero long term testing.

        • David Boyle you couldn’t be more wrong!! There have been thousands of children and youth killed by Covid-19 and many, many more damaged by it!! It causes heart damage that can be seen on MRI imaging in 100% of people who contract it, regardless of age, and lung and neurological/brain damage in nearly half. It also causes hearing loss in nearly a third of the patients. In years to come there will be many people needing disability benefits and services due to covid infections! And BTW, there is absolutely nothing whatsoever in the vaccines that can interfere with a person’s DNA. The contents of the vaccine never leaves the area where it was injected! Covid-19 on the other hand does infect the testes and damage sperm and possibly the ovaries and eggs. The disease can also cause impotence.

          • Esthera, you are just spouting lies and nonsense here. Just your false claim that “the contents of the vaccine (sic) never leaves the area where it was injected” has been demonstrated conclusively to be untrue in many if not most cases. And for every putative case of lasting damage from the virus itself, all the (suppressed) data and evidence is showing many time MORE cases of damage from the ‘vaccine’ (sic) itself.
            .
            In addition to all your rubbish, you never seem to acknowledge that the ‘vaccines’ (sic) do provide very little if any immunity to either contracting the virus, or to transmitting the virus on to others. And in fact, it is the ‘vaccinated’ (sic) who are much MORE likely to spread the virus on to others, as not only have they been shown to generally have higher viral loads than the non-‘vaccinated’, but they are more likely to spread it due to either being asymptomatic while infected, or to having only mild symptoms, thereby not being as discouraged by the symptoms of the disease from going out in public while infected.

          • Esther, you are wrong on every point.
            What are the five year results from the last mRNA shot?
            Your MRI jabber is just that, beyond Alex Jones conspiracy theories. Show some peer reviewed study.
            The
            heart, neurological, brain, hearing, reproductive damage are ALL associated with the jab, not the natural infection. Before spouting BS do at least some basic study. And the disability will be from the shot and your tax dollars will pay for it if anyone ever collects.

          • Oh, and from a Johns Hopkins peer reviewed study, every one of the hundreds (not thousands) of children dying from COVID has severe comorbidity. The ones dying from the jab were healthy prior to the mRNA shot and died needlessly to protect them from what otherwise would be a minor illness.

  1. Wow! An almost decisive action from Juneau!
    “Why do the protected need to be protected from the unprotected by forcing the unprotected to use the protection that did not protect the protected in the first place?”

  2. What has Biden (or more to the point, his puppetmasters) done or decreed since his faux inauguration that has NOT been counterproductive and/or unconstitutional? I can’t think of a single thing.

  3. Dear Homo, the COVID injection is not a vaccine. It is an experimental gene therapy, it has not been tested in accordance with past protocols, it will not prevent one from contracting or spreading COVID or any of the variants. Real vaccines are safe, effective, and they were properly tested, which is why you don’t see mass resistance to them. One more thing, children are more likely to be struck lightning than they are to contract, much less die from COVID. measles, smallpox, etc. are another matter.

  4. No one can be fleeced to do anything.
    THIS IS DIVIDE AND CONQUER!!! No one should be for forced anything. Right now it’s dna altering jabs next will be you pro jabbers being forced sterilization. Wake up.

  5. DNA altering vaccines? Sounds like a good sci-fi movie plot and not the real world.

    Show me the scientific peer-reviewed (double-blind tested) data from multiple sources, not some arm-chair quarterback’s blog/tweet/instagram, etc stating any or all COVID-19 vaccines will alter a person’s DNA or causes sterility in humans and I’ll believe you.

    Remember: “correlation does not imply causation”.

    “https://towardsdatascience.com/4-reasons-why-correlation-does-not-imply-causation-f202f69fe979”

    “Everyone is entitled to his own opinion, but not his own facts.” – (Daniel Patrick Moynihan).

    I have no idea how the court (Supreme) will go on this matter of mandates for vaccination against COVID.

    • Ak Fish, you raise a good point about whether the “Jab” can alter one’s DNA. In general I agree with you however going back to your point regarding double blind testing, has this “Jab” been properly tested? Do we have an inkling what this substance really is. What of the effects of the “Jab” three years hence. Will it alter or weaken one’s immune system?
      Thank you for invoking Paddy Moynihan, probably the last cerebral Democrat elected to office. Old’ Paddy also once said, “Pandaemonium was inhabited by creatures quite convinced that Satan had their best interests at heart, poor little devils…”
      I submit to you that this “Jab” offered up and now in the process of being forced upon us is not effective in it’s stated purpose (like it is a total failure) and has already proven to be quite dangerous. The devil known as Pfizer doesn’t have your best interest at heart, but he does see to his bottom line. This will not end well I am afraid.

  6. Wow, who didn’t see this coming…said no one. Our little trump lover just couldnt help himself and join in on this. Along with Roe v Wade. Freedom to live or freedom to die….repubs, only for some freedoms.
    Not for a women’s right to chose.

    • But for a baby’s right to live. Yes, an innocent human being has a right to live, as opposed to the progressive view that believes in right to life for convicted murders and felons of the most heinous kind. A baby, a human being has constitutional rights too.

    • The Virginia Declaration of June 12 1776 gives us the benefit of nullification not the Supreme Court. We the people do not seek nor do we need their permission.

  7. The Biden administration and the Anchorage assembly are not at all concerned about the constitutionality of their agendas. Biden is violating at least 3 current court rulings and refusing to enforce many many laws passed by congress.
    There is no rule of law for the Biden team. The 3: Remain in Mexico, forcing vaccine on religious exceptions for the military and deportation and bonus Daca.

  8. The letter sounds ok, except for this:
    “or, at a minimum, to provide clarity to agencies and federal contractors across the country and delay the mandate’s compliance date,”
    .
    NO MEANS NO. We have “at a minimum”ed and “delayed” ourselves into a serious mess on this and so many more issues in this country. Give an inch, they take a mile. Give a penny, they take a trillion. Stop coddling and apologizing and compromising before it has all been whittled away.

    • The Virginia Declaration of June 12 1776 gives us the benefit of nullification not the Supreme Court. We the people do not seek nor do we need their permission.

  9. Covid is now in the top 6 or 7 causes for child mortality. It is much more dangerous to children than previously thought. The vaccines are NOT experimental! They’re the next step in vaccine evolution and have been in development for decades and in numerous studies preceding Covid-19. The only thing that was studied after February 2020 was the addition of the piece of spike protein to trigger the immune system to respond to Covid-19. The vaccines are magnitudes safer for adults and children than Covid-19! Yes, measles vaccines are required for school. As are whooping cough, tetanus, diphtheria, hepatitis, mumps, and 3 or 4 others. Vaccine and other public health mandates have been addressed many times by federal courts and SCOTUS. They have consistently been found Constitutional. Your inane, ignorant arguments don’t stand a snowball’s chance in Hell in the US courts. Covid-19 is likely to join other vaccines in school requirements before long and all vaccines will likely be using the new technology soon because it makes the vaccines easier and faster to produce and is way more effective! At this point, well over a billion people have been vaccinated with very, very few problems. Way fewer than with the old technology, in fact. The world governments, the medical community, and CDC would gain nothing by promoting a vaccine that is harmful or doesn’t work! The only goal is to protect people from a deadly disease. If you choose to selfishly and stupidly refuse vaccination you will make Democrats very happy as nearly everyone dying now are ignorant RepugnantCONS!!

    • Wow! Just wow.
      .
      The lies and braindead stupidity of your comments here, including and especially this one, are so off the chart in cluelessness and dishonesty that it is all but impossible to even logically respond to them.
      .
      But really, “Esthera”, I still think it is actually more likely that you are merely posting obvious nonsense like this just as “Babylon Bee”-style satire. If so, well done!

  10. JON, the vaccines approved in the US were tested as well as any before them. The base lipid carrier has been studied for years! The only thing added to make them work for Covid-19 is a tiny part of a protein from the virus’s spike to trigger immunity. Plus, they have now been administered over a billion times in numerous countries with far fewer side effects and reactions than old technology vaccines! People who have been vaccinated carry a lower viral load of partially neutralized virus when they become infected, depending on how well their immune system responded to the vaccine and how long ago they were vaccinated. Breakthrough infections occur in people who have compromised immune response and when vaccines fade in efficacy. We have learned that Covid-19 is a 3-shot series like hepatitis and diphtheria, to name a couple, to be most effective. How long immunity will last after the 3rd shot remains to be seen. No aspect of the vaccines affects genetic material at all. Covid-19 does, however.

    • They were tested for years and not approved because EVERY TEST ANIMAL DIED!
      And breakthrough infections and deaths are more common now than in unvaxxed. Vaxxed have HIGHER viral loads according to every study, You spout garbage.

      • KE, in addition to your comment above, the FDA Vaccine Advisory Board along with the Director of Vaccine Research were in agreement that the Pfizer third “booster” jab not be approved as it was more harmful then beneficial. However the Biden regime decided to allow it’s distribution ignoring the ” science”. Perhaps we need to dissolve agencies like FDA because Pfizer and other corporate interests are calling the shots anyway, (pun intended).

      • I like Dunleavy, but if he believes so firmly that vaccine mandates are a personal decision and are unamerican and divisive, why hasn’t he followed the lead of DeSantis of Florida and Abbott of Texas and issue an executive order making it illegal for any employer or business to require one? Is our Governor really that limited on what he can do?

    • Esthera, in a real world this jab would have been pulled way before 17,000 had perished from it’s quackery. Seriously Girl, get a grip! Oh did I mention that it is totally ineffective too. Look at the Jab rates and the current cases of Corona. Do the Math, it’s a no brainer…

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