Biden’s Mandate Goes Too Far

By John Hood

RALEIGH — I got the COVID-19 vaccine shortly after it became publicly available. I did so because I was persuaded that the benefits of vaccination far outweighed the risk.

Over the subsequent months, the case for vaccination has only gotten stronger. While the delta variant is easier to spread than prior strains, the best-available evidence is that about one in 5,000 vaccinated people are testing positive for the virus. Unvaccinated Americans are nearly five times more likely to get infected. More importantly, the death rates between vaccinated and unvaccinated people are wildly disproportionate. The unvaccinated are 10 times as likely to be hospitalized and 11 times as likely to die from COVID-19.

In other words, for the vast majority of people eligible for vaccination, saying yes is the right answer. It’s the right answer for your own health and for your families’ well-being. It’s also the right answer to alleviate stress on hospitals and medical personnel. There are some exceptions. But don’t ask the Internet if you’re one of them. Ask your doctor.

Although an advocate of vaccination, I strongly oppose President Joe Biden’s attempt to force private companies to make vaccination or weekly testing a condition of employment. His order violates fundamental principles of federalism and the separation of powers. It is also a violation of the statutes governing federal rulemaking. And it employs a self-defeating argument that vaccines aren’t really all that helpful in protecting us from serious or deadly cases.

Let’s start with the constitutional case. The federal government is one of enumerated powers. By contrast, state governments possess a generalized “police power” that permits (but does not require) the use of coercion to accomplish certain public ends. It is a long-established principle that states or the localities they create can require vaccinations in certain situations, such as children enrolling in schools (including private ones). The federal government lacks such power. Even President Biden said in the past that a federal vaccine mandate would be neither necessary nor proper.

To justify his sudden change of heart, Biden is arguing that the federal statutes establishing the Occupational Safety and Health Administration (OSHA) are broad enough to allow an order that companies with more than 100 employees must fire workers who neither get vaccinated nor agree to weekly testing. More specifically, the president is calling for OSHA to issue an emergency temporary standard, thus bypassing the standard process of hearings and external comments that accompany federal rulemaking.

Cato Institute scholar Walter Olson pointed out after Biden’s announcement that several such standards have been struck down by federal courts as overly broad claims of unilateral executive authority. “If the administration prevails on this issue,” wrote George Mason University law professor Ilya Somin, “it would set a dangerous precedent, and undermine the constitutional separation of powers.”

It also relies on the idea that unvaccinated workers pose a grave risk to their vaccinated coworkers. This is an unwise and counterproductive claim. Holdouts are already highly skeptical of what politicians say about the vaccines — and for good reason. During the 2020 presidential campaign, both Kamala Harris and Joe Biden expressed doubts about the safety and efficacy of the vaccines, in an obvious and cynical sop to a Democratic base susceptible to anti-Trump conspiracy theories.

Now, as president and vice president, they say the vaccines are safe and effective. They’re right. But why should skeptics believe them, if Biden is also saying that being vaccinated isn’t a substantial defense against being hospitalized or killed by the virus? The reason people should get vaccinated is that it will reduce their chances of a COVID infection and dramatically reduce their chances of suffering or dying from a serious bout of the disease. Period.

“The risks of getting any version of the virus remain small for the vaccinated,” the New York Times reported last week, “and the risks of getting badly sick remain minuscule.” I believe this is true. In arguing for his mandate, Biden contradicted that truth.

John Hood is a John Locke Foundation board member and author of the new novel Mountain Folk, a historical fantasy set during the American Revolution (


  1. “Idols” think if they continuously try and persuade people to get this vaccine by saying it’s safe and effective people will start getting the shot. The narrative on the vaccines and masks is getting weaker and weaker. We aren’t getting it. We won’t be controlled by tyrannical government. We will not be used an experiment! Do your research and you’ll see they are all in violation of federal law. We have the right to refuse, EMERGENCY Use Authorized masks, vaccines and testing. They are NOT informing you of any of the health risks!

    • Victoria you are misinformed. Where is this “research” you speak of that leads you to believe the vaccine is more dangerous than potentially contracting the virus? Please share with your fellow man all of this valuable information the media and health professionals seem so unwilling to share.

      Thanks in advance.

  2. When looking at the stats in the first couple of paragraphs you must first define what the entities are considering as “vaccinated” and “unvaccinated” . From what I have seen they are not the same as what the general public would think. If you have received the first shot only they consider you unvaccinated, they also consider you unvaccinated if you have received the second shot but it has not been two weeks required to build the antibodies for immunity. Either way the mandate by Biden is definitely unconstitutional and violates people’s rights to make the appropriate decision for their individual healthcare based on their situation. Those who took the vaccine, if it is working then there is no reason to force anyone else to take it. You should be protected. That is, for anyone who has that much faith in our government having our best interest in mind.

    • The virus will continue to mutate with enough of the population being unvaccinated which in turns out those who are vaccinated at risk as well as new variants come about. So yes, in a sense you are correct. The vaccinated are better protected because the vaccines are working as stats continue to show over and over in every corner of the country. However, there are still exceptions to the rule and the vaccine is not a cure all whenever the majority of the population is not vaccinated because the virus will still have plenty of hosts to survive, mutate and spread in.

  3. Three things:
    1) 99.9% survival rate
    2) Israel
    3) Natural immunity

    Do your research.

    I’d rather go down fighting than get this jab that has no benefit!!

    • 1 in 500 Americans are dead from Covid. Stop being a selfish individual and let’s end something that is well within our ability to end.

      • If your 1 in 500 Americans are dead from Covid is your argument, then sir, please stop replying on everyone’s opinion because you do not care to understand where they are coming from. To correct your statement, it really should read as the following “1 in 500 Americans are dead from Covid DUE TO FAILURE TO BOOST THEIR IMMUNE SYSTEMS AND FAILURE TO TREAT EARLY. PERIOD
        Your replies reek of contempt of others.

        • So your argument is that Covid didn’t kill them, Covid combined with a weakened immune system and failure to be treated killed them?

          How does one boost their immune system for covid? Vaccinations?

          Does a person with a compromised immune system drop dead with out something attacking that immune system?

          You say it yourself, Covid + weak immune system = death. I don’t disagree with your statement necessarily. I dont really understand your point. This really isn’t a complicated issue. ‘

          For the longest time I have tried to respect differing opinions on the matter, but as evidence continues to grow it is reasonable to have a bit of contempt for people who refuse to accept facts and continue to bang their heads against a wall.

          • and as evidence grows it’s reasonable to have respect for others opinions who do research and make the best decision they can for their family and themselves knowing what they know about their own bodies. When have we ever walked around asking people what their medical status is, refuse services to people based on their acceptance of medical procedures, and then segregated and discriminated against people based on medical status? We need to go back to allowing people to make choices for themselves and their family members then respecting those decisions.

          • Non vaccinated feel the same contempt of the vaccinated trying to force it on us. Mr. cee is only here to argue with those he is unable to understand, instead of trying to actually understand. Why provide you documentation with links if they are conveniently not up to par with your individual opinion. Unlike you, we don’t band our heads trying to understand you because your mind is already made up. Unlike you, we seek out all information from all perspectives in order to reach the best conclusion for our families and our health.
            Fact per the CDC
            Only 6% of deaths have only COVID-19 listed in the death report, according to the CDC. Which means the other 94% had at least 2 other comorbidities. They have finally released a report on vaccination deaths and side effects which is shocking in itself.
            But hey, you go on ahead and keep putting your trust in man and enjoy a life of boosters.

  4. When this virus hits you, may you Rest In Peace.
    And don’t say on your last gasp of breath
    ‘I wish I got the vaccine’
    You are not safe to be around.
    Do all a favor and crawl off into the woods to pass.
    Your ignorance helps no one.
    And please don’t take up medical care that other people need and appreciate

    • Don’t worry, I already had it so I am more well protected than those who are vaxxed. My natural immunity will last for years not months. I also wouldn’t set foot into the corrupt medical establishments that are killing patients with the wrong treatments right now. I know from experience of working in them for years!

  5. I’m not one to be the governments test dummy. You don’t know what you are being injected with and furthermore people that have received the vaccinations are the ones getting sick vs non vaccinated people Some peoples health and religion cause them to not get the shot so stop forcing it onto people, everyone situation is different

    • While every situation is different, your point about vaccinated getting sick more is just wrong. It’s even listed as fact in this conservative think piece. The ones getting hospitalized right now are nearly all unvaccinated. It’s not some made up stat. My wife works in the hospital. I have a friend at another hospital. An in law at a third hospital. They all report the same things. Nearly all patients there with Covid are not vaccinated.

      I’m also tired of hearing that we don’t know what’s in the vaccine going into our body. Do you know what’s in medicine you take every day? Do you know what’s in the food you eat or drinks your drink? No we don’t. We trust the government that oversees those things and trust it’s going to be ok. It’s logical to be cautious about things but at this point millions and millions have gotten the vaccine and there is no evidence of widespread side effects from it. There IS evidence of widespread death and serious conditions from Covid though.

    • The AAPS is not exactly a reputable source. They claimed Obama hypnotized audiences and was a witch doctor. They have denied AIDS and pushed theories about abortion and breast cancer being connected. They have a long history of disinformation. Maybe you should look into them more before following their advice.

  6. I can promise you that if you die from Covid [because you are unvaccinated] that you will never know the supposed long term effects of the vaccine. Its your choice to make but by making that choice , you are putting everyone around you at risk. This virus is showing us how selfish people really are! Seat belts aren’t a 100% guarantee of survival for all accidents but how many of you anti-maskers wear your seat belt because its the best way we can prevent injury or death? Don’t you buckle your kids up every day?

  7. According to the latest VAERS (Vaccine Adverse Event Reporting System) statistics, a total of 227,805 adverse events were reported between December 14, 2020 and May 14, 2021, including 4,201 deaths, an increase of 144 from the previous week, and 18,528 serious injuries, an increase of 1,338 from the previous week.

    These data also showed 943 total adverse events, including 23 rated as serious, among children aged 12 to 17 years.

    As of May 14, 268.4 million doses of the Covid “vaccine” had been administered in the United States. This includes:

    115 million doses of the Moderna vaccine,
    144 million doses of Pfizer’s vaccine, and
    9 million doses of the Johnson & Johnson vaccine.
    Of the 4,201 deaths reported as of May 14:

    23% occurred within 48 hours of vaccination,
    16% within 24 hours and
    38% in people who became ill within 48 hours of vaccination.
    The latest VAERS data show:

    20% of deaths were related to cardiac disorders.
    Fifty-four percent of the decedents were male, 44% were female, and the remaining death reports did not include the sex of the deceased.
    The mean age of the deceased was 74.7 years, with the youngest reported deaths including two 15-year-olds (VAERS I.D. 1187918 and 1242573), and one 16-year-old (VAERS I.D. 1225942).
    There were other deaths reported in children under 16 years of age that could not be confirmed, or contained obvious errors.

    As of May 14, 1,140 pregnant women reported adverse events related to COVID vaccines, including 351 reports of miscarriage or premature delivery.
    Of the 2,275 reported cases of Bell’s palsy,
    ◦ 51% were reported following Pfizer-BioNTech vaccines,
    ◦ 42% following vaccination with the Moderna vaccine and.
    ◦ 192 cases, or 10%, of Bell’s palsy were reported in conjunction with the J&J vaccine.
    195 cases of Guillain-Barre syndrome were reported,
    ◦ 40% of which were attributed to Pfizer,
    ◦ 38% to Moderna and.
    ◦ 26% to J&J.
    There were 65,854 reported cases of anaphylaxis,
    ◦ 38% of which were attributed to the Pfizer vaccine,
    ◦ 51% to Moderna and.
    ◦ 11% to J&J.
    There were 3,758 reports of clotting disorders and other related conditions. Of these,
    ◦ 1,468 were attributed to Pfizer,
    ◦ 1,093 to Moderna and.
    ◦ 1,093 to J&J.

    • There are no verifiable data that link any of these adverse events to a positive cause-and-effect from the vaccines—only anecdotal occurrences that simultaneous

    • I dont know where you get your numbers from but this is straight off the CDC website:

      Reports of death after COVID-19 vaccination are rare. More than 380 million doses of COVID-19 vaccines were administered in the United States from December 14, 2020, through September 13, 2021. During this time, VAERS received 7,653 reports of death (0.0020%) among people who received a COVID-19 vaccine. FDA requires healthcare providers to report any death after COVID-19 vaccination to VAERS, even if it’s unclear whether the vaccine was the cause. Reports of adverse events to VAERS following vaccination, including deaths, do not necessarily mean that a vaccine caused a health problem. A review of available clinical information, including death certificates, autopsy, and medical records, has not established a causal link to COVID-19 vaccines. However, recent reports indicate a plausible causal relationship between the J&J/Janssen COVID-19 Vaccine and TTS, a rare and serious adverse event—blood clots with low platelets—which has caused deaths pdf icon[1.4 MB, 40 pages].

      So the number is 0.002% and that includes all deaths reported – it doesnt mean those people died because of the vaccine. So in actuality the number is even lower. But even if we wanted to pretend 0.002% is the number and we go with the Covid survival rate being 99.75% I’ve seen published…or heck lets go with 0.1% I’ve seen people post here when they claim its 99.9% survival rate. Well basic math tells us that 0.1% is a lot more than 0.002%. Basically you are 50x more likely to die of Covid than the vaccine and that is a super conservative number. What are we even talking about here?

      • Just like someone who has end stage cancer but was positive covid at death didn’t cause and effect die from covid. If they can count every positive (from recalled, faulty tests) person who happens to die as dying from covid than every death that occurs in close proximity to being vaccinated (especially when they were healthy prior) as dying from the jab. What’s good for the goose is good for the gander.

  8. It’s good to see people differ, from their opinion . that makes us , who we are . just think after everyone is vaccinated. and we all come up or down with something . how do we test our new vaccines? no one left to test ? every hear of anyone dyeing at home with covid ?
    Point . if you control the media > you control the mind . please . don’t believe everything you read or . hear.

    world economic forum . WEF . UN . one world order . agenda 21 . and, the list goes on .
    ever wonder why the elites get to chose whom gets vaccinated and who is exempt .

    thanks to all for being American & your thoughts.

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