By GOV. MIKE DUNLEAVY
By now it should be clear to anyone paying attention that President Joe Biden, with the help of many in Congress, is attempting to transform this country at break-neck speed into something that most Americans will not recognize. We are less than a year into his administration and are fully engaged in a serious battle for this country’s future.
President Biden’s vaccine mandates are more examples of federal overreach that could have serious consequences for Alaska and must be fought.
That is why the State of Alaska joined nine other states in filing a lawsuit on Oct. 29 challenging the Biden administration’s vaccine mandate for companies that do business with the federal government. And rest assured, Alaska will join with many other states to take legal action as soon as the Biden administration follows through with its announcement to use the Occupational Health and Safety Administration to force any private business with more than 100 employees to require its workforce to either vaccinate or submit to weekly testing.
Beyond the fact that my administration believes these mandates as applied to contractors and private businesses are unconstitutional, Alaska is a perfect example of why the Biden mandate is completely unnecessary.
Regardless of what armchair politicians and political detractors say, if people are truly honest with themselves, they should recognize that Alaska has handled Covid better than nearly every other state in the U.S. We led the U.S. (and most of the world) in testing very early in the pandemic. Additionally, unlike Texas and other states, we never had a mask mandate. We were also the first to remove our emergency declaration, even though other states like South Dakota continued theirs for months after ours ended.
Even with today’s delta variant surge, Alaska has some of the lowest death rates in the country. We have the second-fewest deaths and the fourth-fewest deaths per capita. Just over the past month, my administration has also brought 457 health care workers to Alaska to aid our providers.
When vaccines became available, Alaska led the nation in distribution and vaccination rate. Not because of force or coercion, but because people freely chose to get one. Our state was the first to provide monoclonal antibodies as an effective therapeutic for Covid, and despite what some are falsely claiming, the State of Alaska has never prevented doctors and pharmacists from prescribing or dispensing other therapeutics, such as Ivermectin and Hydroxychloroquine. I have always advocated for individuals to work with their doctors to establish the best treatment possible for Covid and will continue to do so.
I have also been very public about opposing mandates related to Covid. While there is evidence that some Covid mitigations help, mandates cannot eradicate this virus. Despite this reality, the President chose to mandate vaccinations for federal workers, those who contract with the federal government, and for our brave women and men in the military.
The U.S. and Alaska constitutions prevent me as governor from overriding some federal decisions on mandates. Thus, not I, nor any governor, has the legal authority to nullify Biden’s mandate for federal employees or the military. Opposition to this part of the mandate will have to come from individuals and Congress, and it will be litigated at the highest levels.
I applaud Sen. Dan Sullivan for speaking out recently against the President’s mandate. Our federal delegation, and ultimately the U.S. Supreme Court, are the proper means by which this part of the mandate should and will be attacked.
It is important to address some confusion about how the mandate impacts private businesses. This part of the mandate has not been implemented by the Biden Administration, and as of yet, not even a proposed rule has been released. Despite this, some companies are choosing to require their employees to get vaccinated.
Any employee negatively impacted by a private company’s human resources policy should discuss that with their employer and their collective bargaining unit if applicable.
Let this be clear: I am opposed to government mandates of any kind related to the Covid-19 vaccine, but not because I oppose the vaccine. Data shows that the vaccine is an effective way to protect people from getting seriously ill and dying from the virus.
It is possible to be pro-vaccine and anti-mandate. I’m opposed to vaccine mandates because I do not believe that the government should use the force of law to make people get a medical treatment they don’t agree with or don’t need, perhaps because they’ve already contracted Covid and have natural immunity.
I also believe we should be very cautious when intruding into private businesses decisions, workplace rules, and vaccination policy. Just as I don’t believe the government can order a private business to require vaccines, I don’t believe that government should keep private businesses from requiring a vaccination if they think that it is best for their employees and customers.
Using the power of government to dictate to an employer whether they can or cannot require vaccination is a slippery slope that all should be leery of.
Our system of government, with its three branches and system of checks and balances, is not only unique but is the reason why we do not have dictators and despots. It protects us from the tyranny of the majority through our representative form of government.
Some have sown the seeds of disharmony in our state by politicizing the virus and insisting that I mandate what they want and limit the freedom of others. That is a road on which I will not travel because it leads to a destination that Alaskans do not want to reach.
Tyranny, whether it comes from the left or the right, is still tyranny that we should all fear.
– Gov. Mike Dunleavy
Tyranny, whether it comes from the left or the right, is still tyranny that we should all fear. One of the main purposes of the U.S. and Alaska constitutions is to outline what powers the people give government. It is a limiting document for government, and we should all be thankful for that.
I am often asked by Alaskans to “do something.” This can be a dangerous request. Thank goodness for our constitutions, for the “something” I do today that tests or exceeds the bounds of executive power could become a regret that lasts far longer.
Be very careful what you wish for when your “side” temporarily holds power. The Constitution’s limiting powers are in place because the Founding Fathers understood that the challenging days that we’re seeing now would be a test for all of us, and that tyranny and despotism are always just a step away.
We must remember Benjamin Franklin’s quote attributed to him after the signing of the Constitution in 1787 when asked what kind of government had just been created: “A republic, if you can keep it.”
One of the main purposes of the U.S. and Alaska constitutions is to outline what powers the people give government. It is a limiting document for government, and we should all be thankful for that.
I took an oath to protect and defend our constitution and republican form of government, and that includes accepting the limits it places on my executive power. I will not break my oath.
Mike Dunleavy was elected Alaska’s 12th governor in 2018.
