Sen. Sullivan demands congressional review of Biden’s vaccine mandate


U.S. Senator Dan Sullivan and four other senators and a congressman are demanding congressional review of President Joe Biden’s vaccine mandate on private employees — before it goes into effect.

On Sept. 8, Biden issued vaccine and testing mandates for federal workers, contractors, and private businesses with more than 100 employees, affecting more than 80 million Americans and threatening $14,000 fines for each instance of noncompliance.

These mandates are expected to force employees of private sector companies with more than 100 employees to become vaccinated or produce at-least-weekly negative test results before coming to work. The plan for federal employees and contractors does not include the option of weekly testing.

To implement the mandate, the Occupational Safety and Health Administration is expected to promulgate an emergency temporary standard that will remain in place for six months. After this period, OSHA must promulgate a permanent standard. Development of a permanent standard in six months would drastically outpace the 93 months it has typically taken OSHA to develop and finalize previous permanent standards.

Historically, OSHA has used its emergency authority sparingly, with many such orders being successfully challenged in the courts. Of the nine times OSHA has issued an ETS, the courts have fully vacated or stayed the ETS in four cases and partially vacated the ETS in one case.

Once the Biden administration formally issues this order, the senators and congressman intend to bring it before Congress for review under either the Congressional Review Act or other appropriate means.

“This rule is unconstitutional overreach by the President of the United States, pure and simple. Individual freedoms and the rule of law are too often an afterthought with this administration, while broken promises continue piling up. We all want to put this pandemic behind us, but the decision to vaccinate is an individual choice, and should not be mandated by the federal government,” said Sen. Sullivan.

“The federal government does not have the constitutional or statutory authority to take this action, and to make this clear, we will be exercising our congressional authority to overturn this rule with a Congressional Review Act resolution.”

The National Federation of Small Businesses said of the mandates: “Small businesses face daily challenges from pandemic requirements, locating qualified workers, rampant inflation, and supply chain disruptions. Small business owners and their employees want to operate in a safe and healthy manner that allows them to stay open. Additional mandates, enforcement, and penalties will further threaten the fragile small business recovery.”

The Congressional Review Act can be used by Congress to overturn certain federal agency regulations and actions through a joint resolution of disapproval. If a CRA joint resolution of disapproval is approved by both houses of Congress and signed by the President, or if Congress successfully overrides a presidential veto, the rule at issue is invalidated.


    • Sullivan takes a step in the right direction. Its odd he is so timid. He should have stood by Ted cruz and Louie Gohmert . Allowing a fraudulent election in dereliction of his duties under the constitution.

    • That’s because the election was not corrupt.
      Welcome to the real world.
      I know. It’s hard. But in the end, reality is better.

  1. Nice move Senator, but I suspect it will not ultimately succeed – veto-proof is very hard to achieve. My body, my choice. While we have to wait for all the possible administrative remedies to work through the system, this will eventually come down to a SCOTUS decision in 5 or 10 years… which I believe will fall in our favor. This mandate is clearly unconstitutional.

  2. He talks a good talk but not exactly sure how the CRA will help us since leftists control the House and even if it passed it would need to survive a veto.

  3. So, it is unlikely that both the House and Senate will sign off on this, Biden surely will not sign it, it is not over riding a veto, so is this an act in futility for show? Hmmmmm.

  4. A business that works 100 employees from their homes must have a vaccine but a business with 20 employees that make contact with different people all day doesn’t. One thing about the rules of tyranny are only idiots and sheep can’t see how asinine they are.
    Since the beginning we have been mandated arbitrary distances, hours, numbers of crowds all with zero science. And yet the grass grazers think this is all legit.

    • Agree. Position and education certainly do not equate to common sense or even intelligence. They, the (faux) ‘president’ and his ‘team’ are mindless ideologues. It is all about power, control and money and has nothing to do with upholding our constitution or what is best for the citizens.

  5. I don’t mind that this is only a gesture. People need to object any way that they can. And politicians should be forced to make a decision and have their names written in ink for the future to see. Perhaps they’ll stop being so short sighted, but I’m not holding my breath. Eventually, hopefully, the fear will subside and heads will be clear. Do they really want to be on side of a senile president that has people controlling him and making major decisions without risking their names and reputation? Why is it that it is ok for someone to have religious reasons to not receive a vaccine, but if someone doesn’t want it based on their understanding of the scientific data they have researched and their personal beliefs, well then they need to get vaccinated or have no livelihood?
    Glad we have Sullivan. I can imagine Dr. Al would be wanting mandates everywhere.

      • What Is a Ponzi Scheme?
        A Ponzi scheme, or Peter-to-Paul scheme (from the phrase “robbing Peter to pay Paul”) is an investment scheme wherein new investors’ money is used to pay the promised return to previous investors” rather than profits of the purported business venture. (James C. Sell, “Anatomy of a Ponzi Scheme: Part 1,” Greater Phoenix Attorney at Law Magazine, Feb. 2010 at 17.) Unlike borrowing money to pay an outstanding debt, with a Ponzi scheme there is still a debt, but it is owed to a different person and is larger. Id.

        Key elements of Ponzi scheme are as follows: (1) using new investor funds to pay prior investors; (2) representing that the investor returns are generated from a purported business venture; and (3) employing artificial devices to disguise the lack of economic substance or defer the recognition of economic loss. (James C. Sell, “Anatomy of a Ponzi Scheme: Part 3,’ Greater Phoenix Attorney at Law Magazine, Apr. 2010 at 28-29.
        …theoretical business ventures giving rise to a Ponzi scheme have included stocks, bonds, notes, hedge funds, oil or gas deals, fictitious investments like prime bank notes, generic drugs, clothing brokerages, hybrid animal breeding, domestication of native plant species, hydroponics, biomass, greenhouses, alternate energy production, mechanical inventions, windmills, gold mines, minerals, diamonds, precious metals, foreign currency transactions, commodities, high-tech stocks, real estate-based investments, lending related schemes like hard money loans, and viatical settlements. FINRA, Investor Alert – Avoiding Investment Scams; NASAA, Investor Alerts: Ponzi Schemes; Sell, Part 2 at 13. In short, a Ponzi scheme can involve almost any type of deal or transaction, but it always amounts to a simple investment scheme that is “long on vision and short on detail.” NASAA, Investor Alerts: Ponzi Schemes; Sell, Part 2 at 13.

  6. Meanwhile, Democrats are rejecting laws to mandate this “vaccine” for illegal aliens….I guess that makes sense since they are also rejecting laws to stop them from coming here.

    Dan: elections have consequences and stolen elections have devastating consequences. Your actions got us to this point. Stand up and do something honorable for a change.

  7. Senator Sullivan either needs to go back to law school, or quit sabre rattling. SCOTUS ruled that smallpox vaccine mandates were Constitutional 100 years ago. This Court is adverse to ruling against precedent

    • There was no known therapies for Small Pox. There are for COVID. In addition, COVID death rates is 001% while Small Pox was 30%. If the death rate for COVID were this high, People would not need to be forced to take the vaccine. They would take it willingly.

  8. Hey Sullivan – What are you doing about Afghanistan? You know those flights at Mazar-I-Sharif? They never took off. Those Americans/allies are still ‘stranded’ in Afghanistan and the State Dept says it’s “pulled all the levers” and the Taliban isn’t budgeting. The Americans can’t leave.

    Also what are you doing to help those political prisoners in the DC jail?

    A side note … vote NO on raising the debt ceiling.

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