The Wall Street Journal writes an opinion piece with facts to ponder. “A more accurate headline would be “Biden’s Nonexistent Vaccine Mandate.” Surprisingly, Messrs. Rivkin and Alt often use the present tense when discussing the mandate. This could lead people to believe that a nonexistent mandate carries the full force of federal authority.”
The mandate’s nonexistence shields the Biden administration from legal challenges that may ultimately restrict the Occupational Safety and Health Administration’s authority. Yet the mandate is still effective at compelling industries and companies into compliance, as it leaves room for any eventual issuance to target noncompliant entities. This implied cudgel is particularly effective on industries and companies that are dependent on federal spending or the goodwill of federal regulators. The nonexistent mandate also allows so-inclined state and local governments and companies to issue their own mandates, seemingly in lockstep with Washington.