Biden | Vaccine Mandates for Air Travel

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hill is now reporting that the white

house is considering vaccine mandates

for air travel aka vaccine passports dr

fauci in fact has been quoted saying i

would support that if you want to get on

a plane and travel with other people

that you should be vaccinated white

house press secretary jen sackey said on

thursday quote we haven't taken options

off the table but i don't have any

updates to share with you at this point

our focus has been on the implementation

of the big steps we announced last week

this was in response to specifically a

question about vaccine mandates for air

travel now of course she is referring to

the big steps taken last week regarding

vaccine mandates for companies with over

100 employees or testing requirements as

well as straight up vaccine mandates

with no exception for testing for

federal workers and federal contractors

ron clayne the chief of staff of the

white house said the same thing but he

doesn't believe that imposing such a

mandate would be worth it at this point

because it's much easier to impose a

vaccine mandate on people's jobs since

once you're verified at work you don't

have to get re-verified versus every

time you travel having to wait in longer

lines to get verified now right now the

airline industry does rely at least in

my opinion on very stringent hepa

filtration requirements which is a prong

of cobal covid combating that i don't

think the government has taken as

seriously as they should i think there

are three real prongs to combating kovid

i do believe that vaccines are one way

especially for our at-risk populations i

do believe that high quality masks like

n95s are very good especially well

almost certainly valveless n95s are very

good at preventing the transmission of

covid because you can protect yourself

and others especially in high-risk areas

but the one that i feel like our

government is really failing at is hepa

filtration now if we go to a restaurant

and we're indoors which is where kovic

cloud can build up and we take our mask

off to eat well and you can pass a covet

along or transmit covid when you're

vaccinated as the university of oxford

told us about a month ago well all of a

sudden vaccines aren't helping you in

that case masts aren't helping you

because you're not wearing it while

you're eating and you should focus on

hepa filtration or ventilation if the

weather is appropriate right but this is

a part of our government that's failing

right now is we're not having that

dialogue about ventilation instead we're

having more of a dialogue about mandates

now of obviously a lot of people support

board mandates specifically those on the

left we just had an election essentially

about coveted mandates in california and

we see that 70 percent of californians

are relatively pro mandates however

obviously if you were to go to a state

like mississippi you which is much more

red you would have much more opposition

to this it's become a very politicized

issue and i do believe that part of the

reason this issue has become so

politicized is because our government is

failing to realize that we could have

proper hepa filtration and ventilation

as a third prong and the government

seems to be blind to this government and

the cdc are also blind to the fact that

most facial coverings suck and fail

whereas things like n95 respirators

actually work problem is those are a

little bit expensive good news is we

have plenty of them right now hospitals

are back to one time use for n95s

because we have so many of them

uh but the other problem is if you had

vaccine passports for air travel you got

to realize that right now you've only

got about 65 of our population

vaccinated so that means you could

potentially reduce airline travel by

about 35 percent because 35 of

individuals would not be able to travel

by air unless of course they got

vaccinated which could potentially

increase vaccinations but certainly

would hurt error lines in the meantime

per the hill delta airlines does not see

any immediate changes to covet policies

so no vaccine mandates happening

imminently american airlines indicated

the same thing but the big question now

is would it be legal i mean obviously

there would be lawsuits galore over this

but in theory the federal government

could argue that they have the power to

regulate interstate commerce via the

constitution and therefore they could

potentially institute a vaccine mandate

i mean if we go back to 1824 via gibbons

versus ogden we know that the supreme

court held that interstate activity can

be regulated by the commerce clause of

the constitution in swift versus company

or sorry swift and company versus the

united states this was a 1905 law the

supreme court argued that congress had

the authority to regulate local commerce

as long as that commerce could become a

part of the continuous current of

commerce that involved interstate

movement of goods and services in

english

even if you have

local

sort of air travel let's say let's say

you're going from the bottom of

california to the top of california if

this uh

plane ride could potentially get

infected with covid and have

implications of people potentially

connecting to a different state

people could argue via swifton company

versus the united states that

the government does have the power to

institute a vaccine mandate federally

because they have the power to regulate

interstate commerce the supreme court

has also held that regulating interstate

commerce can be done for pretty much any

reason as long as there is a quote

substantial economic effect on

interstate commerce which obviously one

could argue that spreading covet has an

economic effect so the argument is there

now one side of the argument that could

potentially go in favor of no kind of

mandate is when we look at what happened

in 2012 between it were in the case of

nfib versus sibelius this was a 2012

case where the supreme court had to

address the issue of the individual

mandate in the affordable care act

remember obamacare requiring everybody

to get insurance and here it was argued

that and the court ended up concluding

that requiring somebody to purchase

health insurance is not under the power

of the commerce clause because basically

doing nothing does not enable the

government to force you to do something

and so this is potentially a hole where

people who are anti vaccine or mask

mandate might be able to argue that hey

me just traveling on a plane is in

essence doing nothing and therefore you

can't compel me to do something just

like you can't compel me to purchase

health insurance you can't compel me to

get vaccinated or wear a mask however

the counter argument to this could be

that well by you traveling on a plane

potentially with covet or without a

vaccine or without a mask you are in

effect doing something you are

transmitting covet and thereby doing

something you are affecting commerce

negatively and thereby by the commerce

clause we can regulate

and require vaccine passports right so

the arguments are present on both sides

and if anybody's going to do it it would

be biden who would do it i mean we did

just see a massive vaccine mandate

imposed on all federal contractors

and federal workers i mean this is just

a straight up boom

biden literally said if you want to work

with the federal government you will be

vaccinated

i mean i could literally see him going

as far as saying if you want to travel

you will be vaccinated it's intense

but

is it possible yeah

is it plausible

maybe maybe i i would put this

personally at maybe a

25

chance of happening that is i wouldn't

be surprised if it happens

but i think there's a greater chance of

us not having a vaccine mandate for air

travel especially if our vaccination

rates continue to trickle up i would

kind of expect the administration to say

let's see how many people get vaccinated

now that pfizer has fdi approval or fda

approval

fda approval and now that we have the

federal vaccine mandate let's see how

many people get vaccinated give it a few

months but i wouldn't be surprised if

right now we're september 19th if we go

towards halloween and covet cases are

starting to spike again because we're

getting into cooler winter months

outside of those hot summer months where

the sun belt states really saw a covert

surge and then all of a sudden we see a

pickup and covet again during the winter

then yeah it wouldn't

i wouldn't put it past the biden

administration to require vaccines for

air travel especially during the winter

potentially they might say something

like hey if you have a plane landing or

taking off from a particular area that

has coveted case counts above a certain

requirement then then potentially they

would uh require those sorts of vaccine

mandates keep in mind it's not just the

commerce clause by the way that the

federal government has they've got a lot

of powers another power specifically

that the federal government could take

advantage of

is uh basically

see look there's something called the

spending laws and it's basically the

government's way of providing money to

states and through the spending clause

congress essentially incentivizes states

to do certain things the way congress

wants them to act and as long as they do

certain things a certain way then

congress provides them funding so they

could in theory threaten to remove that

kind of funding unless

states work to enforce things like a

vaccine or ask mandate especially on for

interstate commerce travel

now

the flip side is okay well that's fine

but uh you know if they take away money

from the states

then yeah i mean maybe the states would

come in to regulate but would it even be

up to the states to regulate since

airports are really ports of entry could

we just use the tsa or

homeland security workers to enforce

these sorts of vaccine mandates yeah

probably so you probably wouldn't have

to go in the direction of using the

spending clause probably be more of a

commerce clause along with federal

agencies at airports to regulate this

sort of thing so yeah i mean could it

happen totally uh and quite frankly i

mean based on the reading of the

constitution and case law i i venture to

say that the

power is probably in favor of the biden

administration certainly long enough to

get us through the next coveted winter

so to speak before something like this

could actually be litigated in our

supreme court just as an example so uh

yeah i i would say this is entirely

possible but again i think it's less

than 25 likely but again wouldn't

surprise me if it happened especially if

case counts went up so my thoughts on

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