The Biden administration is bracing for a number of lawsuits from governors and businesses around the country after President Joe Biden announced new Wuhan coronavirus vaccine mandates and weekly testing requirements, which impact 100 million Americans, on Thursday afternoon.
After the mandate was announced, White House Chief of Staff Ron Klein took to Twitter in hopes of finding praise on the issue. While he was there, he retweeted MSNBC host Stephanie Ruhle, who said using OSHA to implement the mandate was the "ultimate work-around."
George Washington University Law Professor Jonathan Turley, who also happens to be a Democrat, noticed and is explaining how Klain just created a headache for the administration.
"In the law, it is called an admission against interest or an out-of-court statement by a party that, when uttered, is against the party’s pecuniary, proprietary, or penal interests. In politics, it is called just dumb. White House chief of staff Ronald Klain offered a doozy this week when he admitted that the announced use of the authority of the Occupational Safety and Health Administration (OSHA) for a vaccine mandate was a mere 'work around' of the constitutional limit imposed on the federal government," Turley writes on his website. "The problem is that the thing being 'worked around' is the Constitution. Courts will now be asked to ignore the admission and uphold a self-admitted evasion of constitutional protections."
"The retweet by Klain will not be determinative in this case but it will be heavily referenced by challengers. He was saying the quiet part out loud. However, the real question is why the Administration would bring a case that is unnecessary to litigate a theory that is at best novel and untested. For a department known for its reluctance to bring such test cases to avoid negative precedent, the declaratory judgment says more about the political than legal priorities of the Administration," he continued.
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In the ultimate admission against interest, Klain admitted that the OSHA vaccine mandate was a mere “work around” limits imposed on the federal government. The problem is that the thing being “worked around” is the Constitution...https://t.co/6VK9JUu8a7
— Jonathan Turley (@JonathanTurley) September 10, 2021
...For a department known for its reluctance to bring such test cases to avoid negative precedent, the declaratory judgment says more about the political than legal priorities of the Administration.
— Jonathan Turley (@JonathanTurley) September 10, 2021
During an elementary school event Friday morning, Biden told governors planning to sue to "have at it."
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