Can President Joe Biden order your employer to ensure you are sterilized? Or can he order your employer to ensure you have been vaccinated for COVID-19?

The primary query right here focuses on a hypothetical. The second doesn’t.

John Holdren, who served with Biden within the Obama administration (the place he was director of the White Home Workplace of Science and Know-how Coverage), has argued, as this column has famous earlier than, that “our planet is grossly overpopulated.”

“Political stress have to be utilized instantly to induce the US authorities to imagine its accountability to halt the expansion of the American inhabitants,” Holdren wrote with Paul and Anne Ehrlich of their 1973 ebook “Human Ecology: Issues and Options.”

“As soon as progress is halted,” Holdren and the Ehrlichs wrote, “the federal government ought to undertake to affect the birthrate in order that the inhabitants is lowered to an optimum measurement and maintained there.”

How might “the US authorities” perform this alleged “accountability to halt the expansion of the American inhabitants”?

Effectively, one mannequin for government-driven inhabitants limitation might be discovered within the Individuals’s Republic of China. There, in accordance with the newest State Division report on human rights practices, the federal government engages in “pressured sterilization and coerced abortions.”

Now, suppose in America we have been in a position to develop the expertise to sterilize somebody just by giving them two photographs within the arm three weeks aside—similar to getting the COVID-19 vaccine.

May some future president, given the environmental risk to our planet that some scientists suppose is pushed by inhabitants progress, order that each American who has had two or extra youngsters get these two photographs?

In November, the Biden White Home introduced that the Division of Labor’s Occupational Security and Well being Administration was unilaterally mandating that every one employers with greater than 100 staff require that these staff be vaccinated for COVID-19.

“Lined employers should develop, implement, and implement a compulsory COVID-19 vaccination coverage, with an exception for employers that as a substitute undertake a coverage requiring staff to both get vaccinated or elect to bear common COVID-19 testing and put on a face protecting at work in lieu of vaccination,” mentioned the regulation.

The administration claimed that the justification for this mandate was the Occupational Security and Well being Act, which provides the secretary of labor the authority to “present … for an emergency non permanent commonplace to take rapid impact upon publication within the Federal Register if he determines (A) that staff are uncovered to grave hazard from publicity to substances or brokers decided to be poisonous or bodily dangerous or from new hazards, and (B) that such emergency commonplace is important to guard staff from such hazard.”

The administration additional instructed that its authority to make use of OSHA to mandate vaccinations derives from the commerce clause of the Structure. “The Occupational Security and Well being Act is an train of the Congress’s Commerce Clause authority,” it mentioned within the Federal Register.

The commerce clause says: “The Congress shall have energy … to manage Commerce with international Nations, and among the many a number of States, and with the Indian Tribes.”

Forcing People to get a vaccine shot they could not need is just not an act that regulates commerce with international nations, between states or with Indian tribes.

The Nationwide Federation of Impartial Enterprise filed swimsuit difficult the OSHA mandate. The Supreme Courtroom will hear the case on Jan. 7. Greater than 180 members of Congress have joined in an amicus transient difficult the mandate. They argue that Congress by no means gave OSHA the authority to require a vaccine.

“The [emergency temporary standard] provision of the OSH Act permits OSHA to handle solely ‘grave hazard’ within the office, which incorporates any ‘poisonous or bodily dangerous’ agent, with out going by discover and remark when such an emergency commonplace is important,” mentioned the congressional transient.

“As a matter of statutory interpretation,” mentioned this transient, “the OSH Act ‘covers solely workplace-specific hazards and permits solely workplace-specific security measures.”

“However OSHA now needs to dictate virus safety measures outdoors the office to cease a virus outbreak that can also be going down outdoors the office,” it mentioned. “Vaccine mandates are historically the province of the States,” mentioned the congressional transient.

“It’s thus unsurprising,” it mentioned, “that the [emergency temporary standard] itself acknowledges that OSHA has by no means used its authority earlier than to mandate vaccination.”

“However the [emergency temporary standard] mandate right here opens the door for an influence that will lack an intelligible precept. It could enable OSHA to change into a roving committee for normal well being coverage.”

There is no such thing as a doubt that COVID-19 vaccines have been good for America and for the world. They’ve saved lives. However the president of the US doesn’t have the unilateral authority to order any American to bear any medical process.

If the Supreme Courtroom have been to grant this unjustified energy to Biden now, who doesn’t acknowledge the best to lifetime of probably the most harmless and weak human beings (the unborn), what would he or his successors use it for subsequent?


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