Will Vaccine Mandates For Companies Work? The Answer Is Absolutely Not
The Liberal folks who speak of intelligence, unification, and freedom recently threatened the rest of us that they are “losing patience” with the unvaccinated and thus, they MUST take federal, legal action so that the vaccinated can be protected against the unvaccinated because of SCIENCE (HUH?). Therefore, businesses with over 100 employees must require their employees to get vaccinated or submit to weekly testing. If these requirements are not met, companies will be fined $14,000. The Occupational Safety and Health Administration (OSHA), a large regulatory agency under the United States Department of Labor, will police this process, as it is within their purview to inspect and examine workplaces. Long story short, this will never work. This mandate not only defies logic but also defies law and practicality.
In terms of legality, there has been endless TV chatter from Leftists who use a legal case called Jacobson v. Massachusetts to justify federal interference into business when it comes to vaccines. They are wrong. The Jacobson ruling took place in 1905 and the U.S. Supreme Court upheld the Cambridge, Mass, Board of Health’s authority to require vaccination against smallpox during a smallpox epidemic. That’s all you need to know. You can stop right there.
To use a case as legal “precedent” or authority, the cases must be very similar. Massachusetts is a state. States have police power. The federal government does not have such power. Therefore, this argument doesn’t work. This case does not apply and does not give the federal government the authority to police the states.
Forget the legal aspect; let’s have some fun with the practical. So, you are a company with 103 employees in 7 states. An OSHA cop comes to your office, let’s say in Cleveland, OH. What do the OSHA people do? Do they get greeted by a receptionist? Most often, receptionists aren’t armed with our personal medical info. So, the OSHA cop asks them for all vaccine cards, all negative tests, every result. So now you are handing over your medical information to how many people? What if the company says you need a subpoena and won’t turn over the records? What if the business gives everyone religious or medical exemptions? What if they say they keep their records in a different state at a different office?
You get the idea. This practice is extremely hard to enforce, regulate or execute. So, what about the fine? It’s basically like toilet paper. Who is enforcing the fines? Federal courts, local magistrates . . . real answer: NO ONE! State governments can barely handle a parking ticket from ten years ago, let alone federally mandated fines not supported based on constitutional authority.
