Rep. Chip Roy (R-Texas) is urging his constituents and governors to not comply with President Joe Bidenâs COVID-19 vaccination mandate.
On Monday, Roy said, âThe President of the United States does not have this power, and I am saying to all of my constituents, to the governor of Texas, do not follow this executive order. Do not fear the power of the federal government.â
âStand up along your neighbors, your communities, your friends and say no. If youâre in a small business in Texas, or anywhere else in this country, donât believe you have to listen to an unconstitutional, unlawful order from the president of the United States. You do not,â he added.
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Last week, Biden announced a new coronavirus vaccine mandate that could affect millions of federal and private sector employees. Businesses can require employees to get vaccinated or get tested for the virus once a week.
However, there is no such exception to opt-out of getting vaccinated for federal employees.
As Vox notes, it appears that Bidenâs mandate is constitutional as the Supreme Court has upheld government-mandated and states require school-age children to receive a variety of vaccinations. However, it is unclear if the Labor Department, which Biden said is the agency that will impose the vaccination requirement, may do so.
Voxâs Ian Millhiser explained, âThere is a strong argument, however, that the Occupational Safety and Health Act of 1970 (OSH) permits the Labor Department to act. Among other things, that law permits the secretary of labor to issue an âemergency temporary standardâ regarding workplace health or safety if they determine that âemployees are exposed to grave danger from exposure to substances or agents determined to be toxic or physically harmful,â and that such a standard is ânecessary to protect employees from such danger.ââ
Several Republican governors signaled they planned to challenge the requirement. South Dakota Gov. Kristi Noem (R) tweeted, âSouth Dakota will stand up to defend freedom.â
âSee you in court,â she added.
https://twitter.com/govkristinoem/status/1436060414970892288
When Biden was asked about the expected challenges to the vaccine requirement, he said, âHave at it. I am so disappointed that particularly some of the Republican governors have been so cavalier with the health of these kids, so cavalier with the health of their communities. Weâre playing for real here. This isnât a game.â
