Within hours of the Biden administration releasing a January 4 deadline for employers to force over 80 million workers to get the COVID-19 vaccination, a small business advocacy group declared it is filing a lawsuit seeking the unconstitutional mandate to be blocked.

“The Biden administration’s vaccine mandate is clearly illegal and will have a devastating impact on our small business community and our entire economy,” CEO of the Job Creators Network (JCN) Alfredo Ortiz, said.

JCN is suing the Biden administration, arguing that the Occupational Safety and Health Administration (OSHA) does not have the authority to enforce the mandate and that there is no grave danger that makes it necessary.

For one thing, federal law says that you can not mandate a vaccine if there is an alternative treatment available. Doctors from around the world are touting the use of ivermectin and hydroxychloroquine as successful treatments for COVID-19. That alone negates Biden’s vaccine mandate. That law is why the Democrats have been trashing those two drugs in particular because they wanted a vaccine mandate all along.

The law also demands that a person have the right to know what is in the vaccine and the option to accept or refuse the administration of it.


Some of these conditions are designed to ensure that recipients of the product “are informed” of certain things, including “the option to accept or refuse administration of the product.”Id. § 564(e)(1)(A)(ii)(III).

Since December 2020, FDA has granted EUAs for three vaccines to prevent coronavirus disease 2019 (“COVID-19”). In each of these authorizations, FDA imposed the “option to accept or refuse” condition by requiring the distribution to potential vaccine recipients of a Fact Sheet that states: “It is your choice to receive or not receive [the vaccine]. Should you decide not to receive it, it will not change your standard medical care.”

In recent months, many public and PRIVATE ENTITIES have announced that they will require individuals to be vaccinated against COVID-19—for instance, in order to attend school or events in person, or to return to work or be hired into a new job. We will refer to such policies as “vaccination requirements,” though we note that these policies typically are conditions on employment, education, receipt of services, and the like rather than more direct legal requirements.2 In light of these developments, you have asked whether the “option to accept or refuse” condition in section 564 prohibits entities from imposing such vaccination requirements while the only available vaccines for COVID-19 remain subject to EUAs. We conclude, consistent with FDA’s interpretation, that it does not. This language in section 564 specifies only that certain information be provided to potential vaccine recipients and does not prohibit entities from imposing vaccination requirements.

In other words, the Biden administration as of July this year has acknowledged that federal law, specifically for the current COVID-19 vaccine situation, allows Americans to refuse COVID-19 vaccination mandates. They went on to argue that the administration believes private sector companies can impose their own vaccine mandates and those are not against the law.

I would argue, as I suppose many attorneys will as well, that the federal government threatening private sector businesses with heavy fines and penalties unless they comply with Biden’s mandate constitutes the federal government dictating the mandate. They can’t argue that private sector businesses have the right to refuse to push the government vaccine mandate while punishing them if they do so.

A first year law student would see what the Biden administration is doing and would throw the mandate out as unconstitutional. It remains to be seen if the federal government will judge shop who will hear the cases being filed against the unlawful mandate. Don’t think they won’t manipulate the courts. The Democrats have corrupted everything they touch, including much of the courts.

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