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Drudge Retort: The Other Side of the News
Monday, September 13, 2021

Jennifer Rubin: For starters, this is not a "vaccine mandate." It is a requirement that employees either get vaccinated or subject themselves to weekly testing. [N]ot a single person will be required to get a shot under this directive. They simply have to agree to testing. Second, the mock horror that greeted the announcement suggested that critics lack a fundamental understanding of key federal laws.

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First, Section 361 of the Public Health Service Act allows the Health and Human Services Department or the Centers for Disease Control and Prevention to make necessary measures "to prevent the introduction, transmission, or spread of communicable diseases from foreign countries into the States or possessions, or from one State or possession into any other State or possession." This might certainly entail vaccination requirements for anyone but Biden is merely requiring large employers present the alternative of testing or vaccinations.

Second, the Occupational Safety and Health Act has been in effect since 1970. It mandates all sorts of things in workplaces - hard hats, personal protective equipment, steel-toed shoes, ear plugs and goggles, to name a few. In June OSHA issued an Emergency Temporary Standard for health-care workers that required measures to suppress transmission including "patient screening and management; Standard and Transmission-Based Precautions; personal protective equipment (PPE), including facemasks or respirators; controls for aerosol-generating procedures; physical distancing of at least six feet, when feasible; physical barriers; cleaning and disinfection; ventilation; health screening and medical management; training; anti-retaliation; recordkeeping; and reporting."

Roderick Hills, a New York University Law professor, told the legal website Law & Crime: "The federal government has regulated workplace safety since 1970, when [President Richard M.] Nixon signed the Occupational Safety and Health Act into law. The businesses covered by the Act are all regarded as either in' or affecting' interstate commerce and therefore within Congress' power to regulate under Article I, section 8, clause 3 of the Constitution (the so-called commerce clause')."

The truth will set you free. Hopefully this same truth will help this nation slow and eventually end the spread of this insidious virus, sickening and killing more people here than in any other nation on planet Earth.

#1 | Posted by tonyroma at 2021-09-13 11:56 AM | Reply | Newsworthy 1

The truth will set you free.

#1 | POSTED BY TONYROMA

Some people are more comfortable with lies and slavery.

The Trumpian pro-virus, pro-death culture has underscored the utter nastiness of that movement.

#2 | Posted by Zed at 2021-09-13 12:04 PM | Reply | Newsworthy 2

"The truth will set you free. Hopefully this same truth will help this nation slow and eventually end the spread of this insidious virus, sickening and killing more people here than in any other nation on planet Earth."

Tony, are you talking about COVID or Trumpism?

#3 | Posted by danni at 2021-09-13 02:38 PM | Reply

"Agree to testing" lol. It's A, B, or c your way out the door. Ba dum tss!

#4 | Posted by sitzkrieg at 2021-09-13 02:41 PM | Reply

During the plague in the Middle Ages strangers couldn't enter many towns because they had no way to know if they carried the plague. So, since we do have a way to determine if you do have or do not have COVID why would we choose not to use it? That would be so dumb as to almost be criminally stupid.

#5 | Posted by danni at 2021-09-13 03:05 PM | Reply | Newsworthy 1

#3

The truth that our federal government's job is to insure that workers can be free from harm - including viral pathogens - within their workplaces, and that it is not remotely controversial for our governments to prioritize the welfare of the whole of society over the selfishness of a few, not allowing those few to sicken or kill others under the false guise that our Constitution is both a murder and a suicide pact.

#6 | Posted by tonyroma at 2021-09-13 03:26 PM | Reply | Newsworthy 1

So, if a person is vaccinated are they at risk from someone who is not vaccinated?

This is the kind of messaging that keeps people from getting vaccinated. It doesn't come without risk and if it doesn't make one mostly safe then what is the point?

I am vaccinated, BTW.

#7 | Posted by BellRinger at 2021-09-13 03:44 PM | Reply

So, if a person is vaccinated are they at risk from someone who is not vaccinated?

Yes, but the vaccinated person has about a 99% probability of living through the infection due to their vaccination, and a much higher percentage probability of never getting sick enough to be hospitalized. You keep repeating the same foolish tripe that has never been articulated by anyone. No vaccine is 100% effective in stopping any disease, that is why at every single step of any vaccine conversation the term "efficacy" is used to document how effective the vaccine is in its designated use.

I truly do not know where you get such a stupid take on this topic. Nothing in life is 100% so why should any rational person think a vaccine should be? The vaccine acts as a barrier to slow or stop the virus from spreading to more people and potentially mutating into a more infectious or virulent form. The more people who act as barriers means that the virus has fewer potential hosts and eventually will die off due to an inability to infect new hosts. That is the goal of the vaccine combined with mitigation protocols which also create barriers for the virus to spread to new hosts.

It's not a matter of one or the other, it's a matter of using every tool in the toolbox that one can.

#8 | Posted by tonyroma at 2021-09-13 04:01 PM | Reply | Newsworthy 1

It doesn't come without risk and if it doesn't make one mostly safe then what is the point?

Did you get out of bed this morning? Why bother? It doesn't come without risk and it certainly doesn't make you any safer.

Why do you bother?

(I am out of my bed BTW)

When did Americans like you become such snowflakes?

#9 | Posted by donnerboy at 2021-09-13 04:07 PM | Reply | Newsworthy 1

"It doesn't come without risk and if it doesn't make one mostly safe then what is the point?"

Should have been in quotes ...

#10 | Posted by donnerboy at 2021-09-13 04:08 PM | Reply

#7 - You keep posting the stupidest things. As Tony mentioned the vaccinated do not have much to fear from the unvaccinated, but there are people with suppressed immune systems due to things like chemo, or anti-rejection drugs, or HIV for whom the vaccine was not as effective. These people too have a right to expect they will be safe from Covid in their workplace, and contact with a virus carrying MAGAt could be deadly for them.

#11 | Posted by _Gunslinger_ at 2021-09-13 06:38 PM | Reply | Newsworthy 2

"It doesn't come without risk and if it doesn't make one mostly safe then what is the point?"

Um...for about 99.9% of people it comes without risk and makes them far safer from the virus. Now try this on for argument's sake. Why are over 90% of hospitalizations of COVID related illnesses unvaccinated?

#12 | Posted by danni at 2021-09-14 03:37 AM | Reply

You keep repeating the same foolish tripe that has never been articulated by anyone

That's all they have.

"It doesn't come without risk and if it doesn't make one mostly safe then what is the point?"

You're just being a really bad troll right now.

#13 | Posted by Nixon at 2021-09-14 07:56 AM | Reply

It's not ordinary to mandate workers to have sticks jammed up their sinus weekly in order to keep their job.

#14 | Posted by visitor_ at 2021-09-14 09:29 AM | Reply

#14

It's also not ordinary for a viral pandemic to be raging across the globe, threatening the health and welfare of the entire planet as long as its spread continues. So measures are taken to mitigate its spread and to identify, then separate infected individuals from those who aren't so that the virus doesn't decimate a workplace by sickening its workers.

Temporary extraordinary measures for a temporary extraordinary threat to America's health and commerce. Just like when George Washington mandated his soldiers be cut and receive live-smallpox virus during the Revolutionary War.

#15 | Posted by tonyroma at 2021-09-14 09:35 AM | Reply

Flogging was an accepted punishment at that time too. Maybe Biden has the constitutional authority to have us flogged. Just because it's legal doesn't make it right or the right thing to do in this instance. Did Washington's mandate extend to non-soldiers?

#16 | Posted by visitor_ at 2021-09-14 09:53 AM | Reply

#16 Maybe you should shut up.

It's the right thing to do.

You're an ------- if you can't figure that out, and nobody needs to listen to the stupid garbage coming out of your mouth.

#17 | Posted by snoofy at 2021-09-14 09:57 AM | Reply

#16

Biden's order is about 1) Stopping the spread of a virus that has infected 40 million Americans and killed 660,000 Americans over the last 18 months; 2) Making sure that workers who do not want to catch the virus can be reasonably assured that they won't catch it in their workplaces by testing workers who choose not to vaccinate themselves (or are unable to due to already compromised immune systems).

Your flogging example is a punishment that physically hurts. No tester is trying to hurt their patient being tested, and the actual test takes less than 5 seconds. Are you really trying to say that 5 seconds of discomfort for the sake of stopping a viral disease that's killing people by the thousands is actually unacceptable?

Perhaps you should never leave home. All Americans have a responsibility to protect our collective society or there would be no individual liberty. Supreme Court Justice Harlan was very articulate in laying this out as the basis for the state's power to force compliance on public health issues. Perhaps you should read what he said since it happens to be the precedence for the incidental elevation of public health orders over personal liberty arguments.

#18 | Posted by tonyroma at 2021-09-14 10:07 AM | Reply

Statistically it is going to fail and be overturned, and the OSHA order is not even written yet. Implementation still has to be funded, is it buried in the $3.5 trillion?

Hilariously disingenuous to call it not-a-vaccine-mandate. Keep throwing it at the wall, it's not going to stick. No, I don't need you to explain to me why you think it is. American culture and its media have moved on without you. Just embrace it. Vaccine mandate. Say it out loud.

#19 | Posted by sitzkrieg at 2021-09-14 10:12 AM | Reply

Biden's mandate only affects businesses with 100 or more employees.

So basically this is a huge boon for mom and pop businesses looking to grow, but not grow too big. They'll be able to pick the cream of the crop of workers who can't stay at their higher paying jobs with better benefits.

Any conservatives praised Biden for being so attuned to the needs of small business? Anyone?

#20 | Posted by snoofy at 2021-09-14 10:22 AM | Reply

Vaccine mandate. Say it out loud.

#19 | POSTED BY SITZKRIEG

OK, "Vaccine Mandate". I said it out loud. I'm OK with it.

To the argument about the vaccine not completely immunizing you, none do. Smallpox vaccine is 95%, Polio 90-99 depending how many doses are given, MMR is 93%, Hep B 98%. But when everyone is vaccinated, the risk of transmission drops to a number smaller than 1 in 1 billion.

And so far as side effects of the vaccine, other than some serious issues with the initial rollout of the J&J vaccine, there are none. OK, you might be achy and feel ------ for a day or two. We're up to 662K dead and counting. Please stop perpetuating the myths and excuses for anti-vaxxers.

#21 | Posted by El_Buscador at 2021-09-14 12:16 PM | Reply | Newsworthy 2

eagerly awaiting executive order on the non-existant war on obesity/junk food addiction. kills alot more people fer sure.

#22 | Posted by visiter at 2021-09-14 01:00 PM | Reply

#22 | POSTED BY VISITER

You have a really good point about obesity. It kills about 300,000 per year. Link below. Difference between obesity and COVID, your obesity won't kill anyone else unless you sit on them, but your refusal to vaccinate could very well spread a disease which could kill another person. Also, as you recall, President Obama and first Lady Michelle both tried to institute programs to combat obesity, to be met with shrill ridicule. Thanks for posting.

www.wvdhhr.org(57).

#23 | Posted by El_Buscador at 2021-09-14 01:19 PM | Reply | Newsworthy 1

American culture and its media have moved on without you. Just embrace it. Vaccine mandate. Say it out loud.

#19 | Posted by sitzkrieg

American culture embraced vaccine mandates for a hundred years til you morons came along.

#24 | Posted by SpeakSoftly at 2021-09-14 01:27 PM | Reply

Please stop perpetuating the myths and excuses for anti-vaxxers.

#21 | POSTED BY EL_BUSCADOR AT 2021-09-14 12:16 PM | FLAG:

Could have saved you 2 paragraphs. Thought it was clear I'm making fun of the politics behind trying to call a mandate, not-a-mandate. FFS you did it, it can't be hard for the it's-not-a-mandate crowd to come along with the rest of us.

#25 | Posted by sitzkrieg at 2021-09-14 01:52 PM | Reply

it can't be hard for the it's-not-a-mandate crowd to come along with the rest of us.

#25 | Posted by sitzkrieg

Paying taxes is a mandate. You dont pay them you go to jail.

What happens if you don't get vaxxed?

#26 | Posted by SpeakSoftly at 2021-09-14 02:19 PM | Reply

Obesity isn't communicable

It's a result of an ideology that rejects common sense

Healthy food? Don't you dare tell me what to eat!
Be more efficient? I'm going to turn the heat to own you
Use less? I'm going to waste just to spite you

These people have become ungovernable. There is no reasoning with them
There are no amount of facts that will persuade them. The republicans have worked hard to get these people to this state. I hope they got what they wanted

#27 | Posted by ChiefTutMoses at 2021-09-14 02:38 PM | Reply | Newsworthy 1

#25 | POSTED BY SITZKRIEG

OK, my apologies for missing your tone and intent. Part of the difficulty of communicating via written word alone. The 2 paragraphs weren't aimed at you, those were addressing the comments upthread spouting the anti-vax myths and excuses.

#28 | Posted by El_Buscador at 2021-09-14 03:41 PM | Reply

Hahahahahahahaha...this one is so easily debunked that I almost feel bad so many Dems actually support this article.

If it's so ordinary, why isn't everyone forced to do testing or get vaccinations for every type of disease out there?

"There are no amount of facts that will persuade them. The republicans have worked hard to get these people to this state. I hope they got what they wanted"

Well, it's either that or try to get a nation of people to believe that 2+2=racist. Both parties have their faults. At least the Rep party is trying to protect the people in their own idiotic way. The Dem party is busy trying to get everyone to hate 60% of the country enough to cause violence. But Dems are OK with that for some odd reason.

#29 | Posted by humtake at 2021-09-15 08:01 AM | Reply

If it's so ordinary, why isn't everyone forced to do testing or get vaccinations for every type of disease out there?

Because every disease 1) Isn't communicable by the nasal inhalation of aerosol droplets easily transmitted during close human contact; 2) Hasn't killed 700,000 Americans and infected 40+ million over the last 18 months; 3) Overwhelmed our healthcare delivery systems and its providers to the point non-Covid emergency patients are dying due to lack of hospital space; and 4) Caused this nation's economic output to drop precipitously due to necessary shutdowns which put 10 million people out of work.

The Democrats and sane Republicans are trying to stop the unnecessary spread of a deadly, debilitating disease just like rational American leaders have done since before there was an America, by placing the nation's need and responsibility to keep people alive and healthy as a priority by instituting temporary measures towards that end which have been adjudicated as legal by the SCOTUS for 116 years.

#30 | Posted by tonyroma at 2021-09-15 08:40 AM | Reply

"Hopefully this same truth will help this nation slow and eventually end the spread of this insidious virus, sickening and killing more people here than in any other nation on planet Earth."

"Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety."

-Benjamin Franklin

I don't know if it will be constitutional or not, that's up for the courts to decide, but it seems that their is no end limit to authoritarian measures our friends on the left would take in order to prevent the next COVID case from occurring.

#31 | Posted by madbomber at 2021-09-15 08:45 AM | Reply

team biden is sadly, tragically dishonest about everything related to covid. let the stupid folks die. massive darwin award session. win-win for the survival of humanity and the nation.

#32 | Posted by visiter at 2021-09-15 08:51 AM | Reply

I don't know if it will be constitutional or not, that's up for the courts to decide,

They have decided, and that decision has been upheld over and over and over again for 116 years!

The Surprisingly Strong Supreme Court Precedent Supporting Vaccine Mandates

The year was 1904, and when his politically charged legal challenge to the $5 fine for failing to get vaccinated made its way to the Supreme Court, the justices had a surprise for Rev. Jacobson. One man's liberty, they declared in a 7-2 ruling handed down the following February, cannot deprive his neighbors of their own liberty " in this case by allowing the spread of disease. Jacobson, they ruled, must abide by the order of the Cambridge board of health or pay the penalty.

"There are manifold restraints to which every person is necessarily subject for the common good," read the majority opinion. "On any other basis, organized society could not exist with safety to its members. Society based on the rule that each one is a law unto himself would soon be confronted with disorder and anarchy. ... Real liberty for all could not exist under the operation of a principle which recognizes the right of each individual person to use his own, whether in respect of his person or his property, regardless of the injury that may be done to others."

Jacobson's claim was essentially the same as that taken for granted by vaccine skeptics today: That they have the personal liberty under the U.S. Constitution to decide for themselves whether to take the shot. Backed by a group called The Anti-Vaccination Society, Jacobson made a formidable case, incorporating many of the same arguments about freedom from government interference that are ricocheting around cable TV this summer, and mouthed by politicians.

The Jacobson holding suggests that other people, from co-workers to classmates to neighbors, have a corresponding liberty interest in being free from infectious disease. Like those who inhale passive smoke, they, too, are affected by a decision that others deem a matter of personal choice.

And the court's ruling makes clear that a community in danger has every right.

Now you know why temporary mandates are ordinary in times of extraordinary nature, ie., during pandemics.

#33 | Posted by tonyroma at 2021-09-15 09:13 AM | Reply

MadBomber -- I dont recall you howling and complaining when the transcript came out of Trump literally pressuring a foreign entity to do something for him in exchange for releasing funds Congress had already authorized. And that is just ONE example! When the GOP uses the constitution as toilet paper and nothing is done, how dare the same people throw a fit about vaccine & mask mandates for the health and safety of the population (which IMHO goes along with "promote the general welfare" of our constitutions preamble).

#34 | Posted by justagirl_idaho at 2021-09-15 09:14 AM | Reply

And the court's ruling makes clear that a community in danger has every right to protect itself.

#35 | Posted by tonyroma at 2021-09-15 09:15 AM | Reply

"Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety."

Ben Franklin's Famous 'Liberty, Safety' Quote Lost Its Context In 21st Century
www.npr.org

#36 | Posted by snoofy at 2021-09-15 10:41 AM | Reply

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