Commentary In attempting to impose a vaccine mandate not merely on the federal government but throughout the private sector—on all companies with 100 or more employees—the Biden administration recognized it faced a constitutional obstacle. Where does the Constitution grant the president or his executive branch the authority to do this? Biden’s chief of staff, Ron Klain, believed there might be a way to dodge this obstacle. He called it a “workaround” the Constitution. The administration settled on the Occupational Safety and Health Administration (OSHA), charged with regulating health and safety in the workplace, as the instrument for carrying out this workaround. It was an ingenious plot, and had it worked, it would have had massive reverberations throughout the country. More than 80 million Americans would have been forced to vaccinate or be subjected to a regular regimen of testing. If they refused, they faced suspensions and firing. Companies faced severe …
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