On Thursday, an angry Joe Biden appeared on national TV to tell the nation that he was mandating that all federal employees will be required to take a coronavirus vaccine. He also claimed that he had the power to force every business of 100 employees or more to force their employees to vax.  Biden’s unconstitutional vaccine mandate

A quickly growing number of GOP governors are already pushing back against Joe Biden’s new vaccine mandates, most calling the orders illegal. And the RNC is saying it intends to sue to stop it.

Biden brashly claimed that he has the power to order the Department of Labor’s Occupational Safety and Health Administration (OSHA) to enforce this mandate, “to ensure their workforce is fully vaccinated or require any workers who remain unvaccinated to produce a negative test result on at least a weekly basis before coming to work.”

Even if he has the power he thinks he has, it is doubtful that he considered what his unconstitutional order will do to employment. Those companies on the bubble, with more than 100 employees but not much more, may decide to go without a few employees to get under the mandate level.  Actions like that were taken when Obamacare was implemented,

Here are some of the Governors’ reactions, per Daily Wire:

  • Tate Reeves, Mississippi: “The President has no authority to require that Americans inject themselves because of their employment at a private business. The vaccine itself is life-saving, but this unconstitutional move is terrifying. This is still America, and we still believe in freedom from tyrants.”
  • Brian Kemp, Georgia: “I will pursue every legal option available to the state of Georgia to stop this blatantly unlawful overreach by the Biden administration.”
  • Kristi Noem, South Dakota: “My legal team is standing by ready to file our lawsuit the minute @joebiden files his unconstitutional rule. This gross example of federal intrusion will not stand.”
  • Henry McMaster, South Carolina: “The American Dream has turned into a nightmare under President Biden and the radical Democrats. They have declared war against capitalism, thumbed their noses at the Constitution, and empowered our enemies abroad. Rest assured, we will fight them to the gates of hell to protect the liberty and livelihood of every South Carolinian.”
  • Doug Ducey, Arizona: “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.”
  • Asa Hutchinson, Arkansas: “I fully support continued efforts to increase vaccination rates across our nation, but the federal government mandates on private businesses are not the right answer. I have been consistent in the freedom of businesses to require their employees to be vaccinated, and I have opposed the government from saying businesses cannot exercise that freedom. The same principle should protect the private sector from government overreach that requires them to vaccinate all employees.”
  • Kim Reynolds, Iowa: “President Biden is taking dangerous and unprecedented steps to insert the federal government even further into our lives while dismissing the ability of Iowans and Americans to make healthcare decisions for themselves. Biden’s plan will only worsen our workforce shortage and further limit our economic recovery. As I’ve said all along, I believe and trust in Iowans to make the best health decisions for themselves and their families. It’s time for President Biden to do the same. Enough.”
  • Greg Gianforte, Montana: “President Biden’s vaccination mandate is unlawful and un-American. We are committed to protecting Montanans’ freedoms and liberties against this gross federal overreach.”
  • Kevin Stitt, Oklahoma: “It is not the government’s role to dictate to private businesses what to do. Once again, President Biden is demonstrating his complete disregard for individual freedoms and states’ rights. As long as I am governor, there will be no government vaccine mandates in Oklahoma. My administration will continue to defend Oklahoma values and fight back against the Biden administration’s federal overreach.”
  • Kay Ivey, Alabama: “Once again, President Biden has missed the mark. His outrageous, overreaching mandates will no doubt be challenged in the courts. Placing more burdens on both employers and employees during a pandemic with the rising inflation rates and lingering labor shortages is totally unacceptable. Alabamians have stepped up by rolling up their sleeves to get the covid-19 vaccine, increasing our doses administered significantly in recent weeks. We have done so without mandates from Washington D.C. or Montgomery. I’ve made it abundantly clear: I support the science and encourage folks taking the vaccine. However, I am absolutely against a government mandate on the vaccine, which is why I signed the vaccine passport ban into law here in Alabama. This is not the role of the government. I continue encouraging any Alabamian who can to get the covid-19 vaccine. We have a safe and effective tool at our fingertips, so let’s roll up our sleeves and get this thing beat.”
  • Greg Abbott, Texas: “Biden’s vaccine mandate is an assault on private businesses. I issued an Executive Order protecting Texans’ right to choose whether they get the COVID vaccine & added it to the special session agenda. Texas is already working to halt this power grab.”
  • Mike Parsons, Missouri: “The Biden Administration’s recent announcement seeking to dictate personal freedom and private business decisions is an insult to our American principles of individual liberty and free enterprise. This heavy-handed action by the federal government is unwelcome in our state and has potentially dangerous consequences for working families. Vaccination protects us from serious illness, but the decision to get vaccinated is a private health care decision that should remain as such. My administration will always fight back against federal power grabs and government overreach that threatens to limit our freedoms.”

Finally, the Republican National Committee says it is prepared to take Biden to court to stop his unconstitutional power grab.

“Today, Republican National Committee (RNC) Chairwoman Ronna McDaniel announced the RNC’s intention to sue the Biden administration on their unconstitutional mandate,” the RNC said in an email to supporters.

“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,” McDaniel said.

The seething POTUS also promised he would have the backs of the school districts that disobey a state order to ban mandates. That makes one wonder if he will have the backs of the school districts the same way as he had the backs of the people he abandoned in Afghanistan.

Biden’s order will eventually be ruled unconstitutional for many different reasons, including separation of powers—congress can pass a vaccine mandate but not the executive branch.  That’s why the eviction moratorium was deemed unconstitutional twice because it needed to come from Congress. Not that Biden would care. When he reinstated the eviction moratorium, Biden said, “The bulk of the constitutional scholarship says that it’s not likely to pass constitutional muster.” That was a rare case of Biden being correct—it didn’t pass constitutional muster.

Biden’s anger-infused vaccine mandate is not likely to pass constitutional muster either. It also doesn’t provide equal treatment under the law as postal workers have been excluded from the mandate for no reason other than it’s a union that’s friendly to his campaign.

With one tweet, Biden’s Cheif of Staff Ron Klain admitted the mandate isn’t constitutional.


As mentioned before on this site, I have had the two Pfizer shots, as had my wife and children. Personally, my recommendation to everyone is to consult with their doctor and, if given the okay, get vaccinated. However, it is your choice to decide if and when you get the poke, not the choice of the federal, state, or local governments.

Parts of this post were first seen at Flag and Cross.


Biden’s unconstitutional vaccine mandate

Biden’s unconstitutional vaccine mandate