#Blocked: Biden’s Illegal Vax Mandate and the Big Win… That Wasn’t

If agencies aren't conclusively prohibited from issuing future mandates then not much has been gained

When the Supreme Court declared Biden’s OSHA mandate to be unconstitutional Republicans and other concerned parties rightfully cheered.  It was a big moment for those eagerly awaiting tyranny to be stopped in its tracks.

Yet the tyrannical powers of executive agencies like OSHA weren’t totally restricted.

While it is true the decision limited OSHA’s ability to impose the vaccine requirements it did so in reference to the major rules doctrine.  The doctrine states agencies can’t pass regulations of vast economic or political significance given that important “choices of social policy are [and must be] made by Congress.”

What the SCOTUS missed, however, was the opportunity to question whether Congress could even legitimately delegate power to OSHA in the first place. After all the Constitution doesn’t state that Congress can delegate its powers.  In fact it says exactly the opposite.  The very first section of the very article says “all legislative Powers herein granted shall be vested in a Congress of the United States.”

OSHA, of course, is not a part of Congress.

And members of the court know this.  But the legal labyrinth of judicial mumbo jumbo may stop the court from rolling back executive agencies’, like OSHA, power.  

Likewise the court’s needless self constraint -- where it tacitly accepts the precedent in previous court cases that grants OSHA power -- is also stopping the court from making sure agencies never impose restrictions on citizens at this scale again.

Thus until the court recommits to originalism -- and a total repeal of these agencies' power to make such vast decisions -- then this isn’t a victory but a minor concession to past progressive courts.   Only when agencies have no power to ever attempt something like this again can true victory be claimed.

Zigmund Reichenbach holds a M.A. in Philosophy from West Chester University.  You can find him commenting on news stories of national and state interest at his Facebook page Zigmund Reichenbach -- Commentator or you can follow him on Twitter @zreichenbach1.  To support the creation of articles like these visit our Patreon here.