Biden's 'One-Size-Fits-All Sledgehammer'

In a rebuke of the Biden administration, the Fifth Circuit Court of Appeals reaffirmed its stay of the Occupational Safety and Health Administration’s (OSHA) workplace Covid-19 vaccine mandate. The decision highlights the contrast between the Biden administration’s dangerously expansive vision of federal power and the Trump administration’s more traditional understanding of constitutional limits.

The Constitution reserves general “police powers” to the states, which have traditionally exercised authority over public health matters, including vaccination. The nonpartisan Congressional Research Service reported in April that federal authority over health care is more constrained, limited to the powers enumerated in the Constitution, and that no federal statute expressly authorizes vaccination requirements on the general population.

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