The White House will be challenged in court on the constitutionality of unilaterally mandating a vaccine.
The administration will claim that what it has issued is simply a legal OSHA rule designed to ensure workplace safety. That is, to keep you from getting Covid on the job.
But White House chief of staff Ron Klain, with a retweet, suggested that it is in fact an illegal mandate dressed up as something else.
According to Fox News:
Ronald Klain, the White House chief of staff, faced criticism on social media Thursday after he retweeted a post that seemed to praise the Biden administration for pulling off the “ultimate work-around” for a national COVID-19 vaccine requirement.
President Biden announced proposed rules that would force private-sector employers with more than 100 workers to either require them to be fully vaccinated or mandate that they undergo weekly tests. Biden referred to the mandate as a “new action plan.” The rules would be enforced by the Occupational Safety and Health Administration . . .
The New York Times pointed out that OSHA is tasked with overseeing workplace safety and has the authority to “quickly issue a rule, known as an emergency temporary standard, if it can show that workers are exposed to a grave danger and that the rule is necessary to address that danger. The rule must also be feasible for employers to enforce.”
Sen. Ted Cruz, R-Texas, a critic of Biden’s announcement, retweeted a post warning Klain that courts consider intention when hearing cases, and the retweet could prove to be problematic during future challenges.
“Important,” Cruz tweeted. “Foolish RT from WH chief of staff. He said the quiet part out loud. Biden admin knows it’s likely illegal (like the eviction moratorium) but they don’t care.”