By Andrew C. McCarthy January 3, 2022 6:30 AM
The Supreme Court has fast-tracked two cases involving the vaccine mandates that President Biden has imperiously imposed on tens of millions of Americans: one mandate for businesses that employ more than 100 people and another, separate mandate for health-care workers. Oral argument is scheduled for Friday. That’s a big reason I’m betting the Court is poised to deal the president a double dose of defeat — though nothing is certain, of course.
Very simply, Biden is in violation of the Constitution. We have a republic, not a monarchy, and there is nothing inherent in the executive power conferred by Article II that authorizes the Biden decrees. So the president lacks even arguable authority to coerce people into being vaccinated absent statutory authorization. Indeed, I must say “arguable” because it is doubtful that even Congress itself has power to force private citizens to submit to an invasive medical procedure, much less to delegate that authority to the executive branch.