What Biden’s Vaccine Mandate Means for You
September 9, 2021, in a sweeping executive order,1 president Joe Biden mandated all U.S. companies with 100 or more employees to require COVID vaccination or weekly testing, or face federal fines of up to $14,000 per violation. Biden also ordered businesses to give time off to employees to receive the injections.
Biden is also requiring all federal employees and federal contractors to get the shots. For unspecified reasons, postal workers and members of Congress and their staff are exempt from the vaccine mandate. Biden did not make any exceptions for persons who have already had COVID and recovered, and therefore have antibodies to the virus.
He also said he’d use his “power as president” against any governor unwilling to follow the order “to get them out of the way.”2 Biden may be biting off more than he can chew, however, because as of September 11, 2021, 28 states were already pushing back against federal vaccine mandates.3
Many States Vow to Fight Back Unconstitutional Mandate
The backlash was swift. The Republican National Committee quickly announced they would sue the Biden administration for issuing an “unconstitutional mandate.” GOP Chairwoman Ronna McDaniel issued a statement:4
“Joe Biden told Americans when he was elected that he would not impose vaccine mandates. He lied. Now small businesses, workers, and families across the country will pay the price.
Like many Americans, I am pro-vaccine and anti-mandate. Many small businesses and workers do not have the money or legal resources to fight Biden’s unconstitutional actions and authoritarian decrees, but when his decree goes into effect, the RNC will sue the administration to protect Americans and their liberties.”
Nebraska Republican Sen. Ben Sasse told the Daily Caller:5
“President Biden is so desperate to distract from his shameful, incompetent Afghanistan exit that he is saying crazy things and pushing constitutionally flawed executive orders.
This is a cynical attempt to pick a fight and distract from the President’s morally disgraceful decision to leave Americans behind Taliban lines on the 20th anniversary of 9/11. This isn’t how you beat COVID, but it is how you run a distraction campaign — it’s gross and the American people shouldn’t fall for it.”
In a series of tweets, South Dakota Gov. Kristi Noem stated:6,7
“South Dakota will stand up to defend freedom @JoeBiden see you in court,” and “My legal team is standing by ready to file our lawsuit the minute Joe Biden files his unconstitutional rule. This gross example of federal intrusion will not stand.”
Georgia Gov. Brian Kemp also issued a statement saying he intends to “pursue every legal option available” to halt Biden’s “blatantly unlawful overreach,” as did Arizona Gov. Doug Ducey, who in a tweet stated:8
“This is exactly the kind of big government overreach we have tried so hard to prevent in Arizona — now the Biden-Harris administration is hammering down on private businesses and individual freedoms in an unprecedented and dangerous way. This will never stand up in court.
This dictatorial approach is wrong, un-American and will do far more harm than good. How many workers will be displaced? How many kids kept out of classrooms? How many businesses fined? The vaccine is and should be a choice. We must and will push back.”
Florida Governments Face Fines if Following Biden’s Order
In Florida, Gov. Ron DeSantis countered Biden’s edict with one of his own. Any local government that makes COVID vaccination a requirement for employment will be fined $5,000 per violation.9 During a September 13, 2021, press conference, DeSantis said:
“We are gonna stand for the men and women who are serving us. We are going to protect Florida jobs. We are not gonna to let people be fired because of a vaccine mandate.
You don’t just cast aside people who have been serving faithfully over this issue, over what’s basically a personal choice on their individual health. We cannot let these folks be cast aside. We cannot allow their jobs to be destroyed.”
I was going to include DeSantis’ speech in this article, but it has since been deleted for “violating YouTube’s community guidelines.” Imagine that, that they would actually remove a legally elected governor’s opinion on this topic because it violates their authoritarian tyranny.
Biden Is Clearly Out of Legal Bounds
Biden’s executive order is unlikely to stand up in court, seeing how federal law prohibits the mandating of emergency use products, which by definition are experimental. As noted in a May 2021 report by The Defender:10
“The bottom line is this: mandating products authorized for Emergency Use Authorization status (EUA) violates federal law as detailed in the following legal notifications.11
All COVID vaccines, COVID PCR and antigen tests, and masks are merely EUA-authorized, not approved or licensed, by the federal government. Long-term safety and efficacy have not been proven.
EUA products are by definition experimental, which requires people be given the right to refuse them. Under the Nuremberg Code, the foundation of ethical medicine, no one may be coerced to participate in a medical experiment. Consent of the individual is ‘absolutely essential.’
Earlier this year, Mary Holland, Children’s Health Defense president and general counsel, and attorney Greg Glaser stated that federal law prohibits employers from mandating EUA COVID vaccines (or EUA COVID-19 tests or masks). Holland and Glaser wrote:12
‘If a vaccine has been issued EUA by the FDA, it is not fully licensed and must be voluntary. A private party, such as an employer, school or hospital cannot circumvent the EUA law, which prohibits mandates. Indeed, the EUA law preventing mandates is so explicit that there is only one precedent case regarding an attempt to mandate an EUA vaccine.’”
If you’re like most, you’re probably thinking, “Well, Biden’s executive order came after the U.S. Food and Drug Administration gave full approval to the Pfizer/BioNTech COVID shot Comirnaty, so the vaccine is not under EUA.” You’d be partially right. But mostly wrong.
The Difference Between Pfizer’s BNT162b2 Shot and Comirnaty
The FDA did indeed give full approval to Comirnaty, but that product is not predicted to be available for over a year. The only Pfizer shot currently available, called BNT162b2, remains under EUA. We have the FDA to thank for this unusual and befuddling situation, but the key take-home is that while approval has been granted to Comirnaty, that product is not obtainable.
The FDA wants BNT162b2 to be viewed as interchangeable with Comirnaty, but from a legal standpoint they clearly are not identical. BNT162b2, being under EUA, is indemnified against financial liability, whereas Comirnaty, once it becomes available, will not have that liability shield (unless Pfizer/BioNTech manage to get liability shielding for that product before its release).
In other words, if you’re injured by the BNT162b2, your only recourse is to apply for compensation from the Countermeasures Injury Compensation Act (CICP).13 Compensation from CICP is very limited and hard to get. In its 15-year history, it has paid out just 29 claims, fewer than 1 in 10.14,15,16
You only qualify if your injury requires hospitalization and results in significant disability and/or death, and even if you meet the eligibility criteria, it requires you to use up your private health insurance before it kicks in to pay the difference.
There’s no reimbursement for pain and suffering, only lost wages and unpaid medical bills. This means a retired person cannot qualify even if they die or end up in a wheelchair. Salary compensation is of limited duration, and capped at $50,000 a year, and the CICP’s decision cannot be appealed.
If normal circumstances apply to Comirnaty, were you to be injured by that injection, you’d be able to sue for damages under the national Vaccine Injury Compensation Plan (VICP),17 so from a legal perspective, there’s a rather significant difference between these two products.
Legal Notifications You Can Use
If your employer or school requires you to get a COVID shot, consider using the legal notifications provided by the Children’s Health Defense legal team. The notices inform employers and educational institu
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