Will Dunleavy join lawsuit with other Republican governors to defend against Biden’s Covid shot mandates?

By
Suzanne Downing
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27

Gov. Mike Dunleavy joined a phone call with 20 Republican governors on Friday to discuss a lawsuit to be filed in federal court against the Biden Administration over its extreme federal mandate requiring Covid shots for the entire federal workforce and any business with more than 100 employees. Congress and the U.S. Postal

The lawsuit may need to be filed in a state that is not in the Ninth Circuit Court of Appeals, but in one that is more friendly to the U.S. Constitution.

Republican leaders, including GOP Chairwoman Ronna McDaniel, expressed horror last week at Biden’s coronavirus vaccine mandates. On Thursday, Biden openly bashed Republicans during his address, in which he announced his immunization orders for all federal employees, federal contractors, health-care workers in facilities that have Medicare or Medicaid clients, as well as all private businesses with more than 100 employees. Business who don’t want to comply with the shots must do mandatory testing for Covid of their unvaccinated employees.

Biden said his patience was wearing thin for people who are unvaccinated against Covid-19.

Dunleavy immediately last week called the president’s order outrageous and unenforceable. Gov. Greg Abbott of Texas called it “a power grab.” South Carolina Gov. Henry McMaster said he will fight Mr. Biden to “the gates of hell.”

In past pandemics, the Supreme Court has upheld the government’s right to inject medicine into people, but this court is more conservative and the past rulings may be ripe for overturning.

The president’s mandate says that Department of Labor Occupational Safety and Health Administration will put in place an “emergency temporary standard” until a permanent standard is in place. OSHA’s website says it has the power to issue standards if “workers are in grave danger” from toxic substances or agents or to new hazards.

The governors are consulting with their legal advisors about the best path forward and which state takes the lead.

27 COMMENTS

  1. He better join. This isn’t about public health, its about control. Biden is going to weaponize OSHA just like the Democrats have weaponized the CDC, the DOJ, the EPA, and all the other alphabet soup agencies. The vaccinated have contracted COVID and the undocumented migrants and newly arrived Afghanis do not have to vaccinate or wear a mask, something wrong here?

      • Hello I would like to introduce you to my friend Jerome Powell. He has a huge money printer and with it he ensures that the federal government does, in fact, have unlimited funds.

  2. Stand for the people’s rights and their own health! By American constitution!

    Federal or State has no right about persons body and health!

    Remember! We do pay taxes and if we all quit!??

    You have job shortages! Right now?
    Implementation???

    I don’t think you be happy!

    You all very close too putting us on that line?
    We don’t trust our government?
    Snd why should we?

    • Key take away from last 3 years, don’t trust the government.

      They told me 2019 you don’t need to wear a mask. I wore a n95 for the hell of it.

      2020 local gov said give up your protective equipment, I told them F*** you, arrest me.

      2020 I put all my leases to month to month, so I would evict not for non-payment but lease expiry. I bought other tenants out who couldn’t pay. a year later I know it was worth while.

      Other Libertarian/Conservatives will understand “by the people for the people” is largely misleading. Just like you or me a government is self-interested by first priority. Any other other understanding is a misconception.

      • Greg
        Not by a President who thinks he’s a King and not when there are treatments available. We are past the emergency use. Covid is now not as deadly as the flu so that is the wrong argument.
        We won’t know for sure until we see what the Supreme Court says.

      • Greg, which cases are you referring to? I haven’t been able to find any that support the federal government mandating wholesale vaccinations, only states have that authority. There are a few exemptions for the executive branch regarding the military and immigration, but the executive branch is very limited in this regard. The legislative branch theoretically could write new laws and use the commerce or spending clauses of the constitution to justify, but they would be pretty restricted in scope and still subjected to judicial review. States hold the authority to mandate vaccines.

  3. It’s ironic that OSHA ended employer reporting of deaths and serious adverse health effects from the jabs back in June.
    The extent of data manipulation all goes one way.

  5. It might be worthy of using the ninth circuit. There will be an 80% likelihood SCOTUS will overturn a typically wrong-headed decision.

  6. This could very well be the most consequential time in U.S. history – medicine politicized for partisan purposes. Drive the conservatives, libertarians, and Christians out of normal society. Create a privileged class who can have a good job, enjoy concerts and sporting events, and receive health care. Then a second class who, by their convictions, are kept at arms length. Ostracized. Ridiculed in the news and in government meetings and press conferences. It’s hard to believe we have come to this place.

    • It’s tribalism.
      The Democrats want us to no longer be the UNITED States of America.
      They want to separate people into warring tribes, and pit the different tribes against each other.
      It’s a “divide and conquer” strategy that has been around forever.

      • I don’t want to divide us, I would give you a hug and let you know I love you, but you’re a plague baby and you might get me sick!

  7. Well you said one thing correctly, It is by their own conviction that they are in this position. But to answer the question, no I don’t think Mike will sign on because he knows in his heart that vaccines save lives and he is a man with feelings. He actually cares that 100,000 people are going to die before Christmas in this country when most of them could have been saved had they gotten the shot.

    • Greg, where are you pulling this 100,000 number from and is this for Alaska? I believe the deaths are under 500 statewide, it’s been a few weeks since I’ve looked at the numbers so I could be off.

  8. Dunleavy is a clueless basement dweller who only does what his handlers tell him to do. I am sure Dr. Zink is all for the Biden illegal mandates.

  9. The Federal government does not have the authority to mandate vaccines, that power was left to the States through the 10th Amendment and there are numerous cases that the Supreme Court has ruled on supportin that. The 1902 Compagnie Francaise &c. v. Board of Health ruled that states have the authority to quarantine health and unhealthy people, this ruling did not extend that authority to the Federal government. The 1905 Jacobson v. Massachusetts case that the Supreme Court ruled states have the authority to enact mandatory vaccinations, this ruling did not extend that authority to the Federal government. The 1922 Zucht v. King case SCOTUS further held that states have the authority to enact mandatory vaccinations, this ruling also did not extend that authority to the Federal government.
    .
    Every single Governor should join this suit, previous cases and precedent support that states have this authority and not the Federal government. When this ultimately reaches SCOTUS the rights of the state’s to issue public health mandates will once again be held constitutional.

    • The existence of OSHA, which mandates employer requirements across the country legally, says otherwise.

      Every governor can sign onto a losing suit. That’s their choice. But it will lose. Just because you’re on the losing side doesn’t mean you have a rabbit to pull out of your hat. You’re going to come up empty handed, and smart legal minds know this already.

      • When White House Chief of Staff Ron Klain, retweeted MSNBC’s Stephanie Ruhle, who posted, “OSHA doing this vaxx mandate as an emergency workplace safety rule is the ultimate work-around for the Federal govt to require vaccinations” he basically admitted they are knowingly trying to side step the constitution. They know it doesn’t pass muster.

  10. It’s pointless to argue with mRNA advocates.
    They’ve bought into the program and they just ignore evidence that contradicts their worldview on the non-vaccines.
    Truth is that time will tell.
    It already is as the world health authorities have modified their positions from “Take the jab and life will return to normal.” to “We’re going to need booster shots and renewed masking, social distancing and other restrictions because the jabs aren’t doing what we promised they’d do.”
    The mRNA committed just brush this major shift off, though, without comment as they demand that the holdouts be forced to take the same shots they volunteered for.
    Shots that we’re now learning remain somewhat effective for about six months.
    Funny, isn’t it, that after six months the “vaccinated” find themselves in the same position as the never jabbed…unprotected against infection and in need of yet another jab to regain their special status and group membership in the elite “vaccinated” club.
    Here in somewhat isolated rural Alaska we get to sit back to watch the insanity play out at a good distance.
    It’s going to be an interesting winter,

  11. In past pandemics the Supreme Court ruled that States may mandate vaccines. They implied no such power to the Federal government.

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