(PresidentialWire.com)- According to Harvard Law professor Alan Dershowitz, vaccine mandates are too serious an issue to be determined solely by the President of the United States via executive order. And unless the Biden administration wants them overturned in the courts, these mandates must come from Congressional legislation.
Appearing on Newsmax’s “National Report” on Monday, Dershowitz argued that he knows of no case where so serious an issue was imposed unilaterally by the Executive Branch. Dershowitz said there are “serious constitutional and statutory issues” in the way Biden enacted these mandates.
Dershowitz appeared on a panel with legal experts Victoria Toensing and former US Attorney Joe diGenova.
Under the OSHA rule, employees of companies with over 100 workers must either get vaccinated for COVID-19 by January 4, 2021, or undergo weekly testing for COVID. Those companies that do not comply with OSHA’s order will face a penalty of nearly $14,000 per violation.
Twenty-three states along with a number of private businesses have already filed lawsuits challenging the order. On Saturday, a three-judge panel on the 5th Circuit Court of Appeals blocked the mandate citing “grave statutory and constitutional issues.”
Dershowitz believes the mandate would have a better chance of surviving court challenges if it originated as legislation passed in Congress and then signed into law. Going about it through executive order makes it more likely legal challenges will succeed.
While the Supreme Court may uphold some mandates that include exemptions, Dershowitz believes the problem for Biden is his order was enacted too quickly and through executive order only.
While diGenova agreed with Dershowitz that Congress should be the ones to legislate this, Victoria Toensing disagreed. While she agreed mandates should come through legislation, Toensing clarified that the legislation should come from individual state legislatures and not from Congress.
But Dershowitz countered that viruses “don’t recognize state lines” so any vaccination mandate should be done on the federal level.
diGenova agreed, arguing that in the area of public health, it should be federal legislation. However, diGenova believes it unlikely the Congress will pursue such legislation, so ultimately the OSHA mandate will end up in the Supreme Court.
Watch the Newsmax segment HERE.