In March of 2020, with very little scientific or historical data available, Oregon Governor Kate Brown issued an executive order declared an emergency and imposed a shutdown of the state, except for essential services, essentially shutting down the economy for a period of two weeks in the name of preserving hospital capacity. At the time, there was little objection. After all, it was only for two weeks and though hindsight is 20/20 and we know a lot more about COVID-19 now, at the time the impact of the disease was unknown.

Nearly two years into the COVID-19 outbreak, the boundaries of state power are being scrutinized. On a national level, the US Supreme Court, in an opinion in the case of National Federation of Independent Business v. Department of Labor, Occupational Safety and Health Administration a stay of the Biden Administration's vaccine mandate was granted. A concurring opinion, authored by Neil Gorsuch -- an affirmation of liberty over security -- reads in part:

The question before us is not how to respond to the pandemic, but who holds the power to do so. The answer is clear: Under the law as it stands today, that power rests with the States and Congress, not OSHA. In saying this much, we do not impugn the intentions behind the agency’s mandate. Instead, we only discharge our duty to enforce the law’s demands when it comes to the question who may govern the lives of 84 million Americans. Respecting those demands may be trying in times of stress. But if this Court were to abide them only in more tranquil conditions, declarations of emergencies would never end and the liberties our Constitution’s separation of powers seeks to preserve would amount to little.

In light of this decision, House Republican Leader Vikki Breese-Iverson (R-Prineville) said, “The U.S. Supreme Court made an important decision by blocking a federal COVID-19 vaccine mandate for private employees. The message was clear: OSHA does not have the authority to broadly regulate public health. This should apply to Governor Kate Brown’s Oregon OSHA and its failed leadership because it has not respected individual health care decisions. In light of this important action from the Supreme Court, House Republicans call on Oregon OSHA to remove its strict and punitive COVID-19 mandates on private businesses and drop its plans for a permanent indoor mask mandate.”

Likewise, Representative Christine Drazan (R-Canby) said, “The Supreme Court made the right decision today by blocking a COVID-19 vaccine mandate for employees of large businesses. This vaccine rule would have forced private employees to choose between giving up control of their own personal health care or forfeit their jobs. That’s not a real choice. Oregonians and all Americans deserve the dignity of deciding what is best for themselves. The government should not force them to lose their jobs because of their own personal health care decisions.”

State Senator Kim Thatcher (R-Keizer) has also questioned the limits on the authority of the Oregon Health Authority and asked Oregon Health Authority Director Pat Allen "what statute(s) give OHA the authority to mandate vaccinations, masks or any other mandate concerning COVID?"

He replied that ORS 431.110 (General powers of the Oregon Health Authority) provides in section (1) that OHA shall “Have direct supervision of all matters relating to the preservation of life and health of the people of the state.” More specifically, section (5) provides that OHA shall “have full power in the control of all communicable diseases.” These are general powers, and are not tied to any emergency declarations.

Thatcher mused, "If the “general” statutory powers (not even including “emergency” powers) the OHA claims they have are covered under “all matters relating to the preservation of life and health of the people of the state” then what’s stopping them from banning cigarettes, mandating dietary choices, and dictating an acceptable body mass index? Or, even further, demanding carbon dioxide limits, or banning weapons? The list could go on forever."

In what amounts to a self-serving, bureaucratic dump of some 42 pages Oregon OSHA outlines it's authority.

Echoing Justice Gorsuch, Thatcher added, “It seems they are granting themselves legislative powers.”


--Staff Reports

Post Date: 2022-01-19 07:22:50

Last Update: 2022-01-19 08:00:10