I’m
talking about the Executive Order (EO) commanding all US companies with
more than 100 employees to mandate the COVID vaccine for those
employees.
I can’t find the EO. I don’t see it in the Federal Register, where it’s supposed to be published.
If it hasn’t been published, then there is no mandate.
If there is no mandate yet, then obviously, none of the companies are under any obligation to enforce it.
OSHA
is apparently the federal agency responsible for framing a set of
regulations for the mandate, including fines. But federal agencies only
construct regulations after a law has been passed or an EO is issued.
If I’m correct, and no EO has been published, we have an odd situation, to say the least.
Governors
and lawyers have been threatening to sue, because the EO is
unconstitutional and overrides state powers. But if there is no
Presidential EO, then all these legal cases would be meaningless,
because, again, there is no official mandate.
Is
the White House stalling? Do they realize the EO and the mandate will
be overturned in court? Are they hoping to achieve corporate compliance
without an official mandate?
I’ve queried several lawyers. One suggested that so far, in this situation, the feds are mandating by bluffing.
That indeed would be extraordinary.
Maybe
the EO is forthcoming as we speak. Possibly (though I can’t imagine
it), it’s been published somewhere other than the Federal Register. But
until it’s visible and official, there is no private-sector mandate.
Unless speeches and press releases and media coverage suddenly, all by themselves, have the force of law.
~~~
(The link to this article posted on my blog is here.)
(Follow me on Gab at @jonrappoport)
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