The National Urging Plan: Biden Appears To Downgrade His Mask Pledge From A "Mandate" To An "Urging"
By: JONATHAN TURLEY
S E E D E D C O N T E N T
We have previously discussed the claim of President-elect Joe Biden that he will impose a nationwide mask mandate. While most of what Biden promised as part of his pandemic plan (like free vaccinations) are already part of the federal plan, Biden insistence that he would impose a nationwide mask mandate was a distinction between the candidates during the campaign. The pledge was questioned by some of us in terms of the federal authority to enforce such a mandate. Now, Biden is emphasizing the mandate in his transition and his new Chief of Staff Ron Klain seemed to make a considerable qualification last night in an interview with MSNBC's Lawrence O'Donnell. Klain is now clarifying that the Biden Administration would fulfill its promise of a national mandate only "where the federal authority extends." He then added that they would simply "urge" states to follow suit. That again sounds like what is currently being done by the CDC and what is already required in federal buildings, enclaves, installations, and bases. A presidential urging is a considerable downgrade from a federal mandate. Legally, it is like going from a promise of a moon shot to a promise to visit the local planetarium.
In the interview, Klain says that Biden has promised that on "his first day in office, I will issue a nationwide masking mandate, requiring that people wear masks where the federal authority extends and then urging governors and other local officials to impose mask mandates in their states."
That is not quite what he promised. It was not a national "urging" but a mandate. Biden at first recognized the question over such authority but then announced that he was told by his lawyers that he has the authority to impose a nationwide mandate. Those changed positions were hit by the Trump campaign.
Biden campaigned on the assurance that he could impose the national mandate. Now, after the election, he seems to be acknowledging that he does not have such authority.
Just as I criticized President Donald Trump for overstating his authority in the pandemic, I have questioned Biden's claims that he could impose the national mask mandate. There is no law that expressly affords him that power as president. We have discussed Section 361 of the Public Health Service Act (PHSA), but that law grants the Secretary of Health and Human Services (and designated subordinates in the CDC) authority to make and enforce regulations necessary "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."
A national mandate would push that language to the breaking point. It would change the meaning of interstate border protections into a sweeping right to regulate the intrastate conduct of citizens. Even if the law could be construed to hold such a meaning, it would raise the same federalism issues that we discussed earlier.
Now Klain seems to suggest that Biden would only order the wearing of masks in federal properties and enclaves. That is already being required by the CDC in federal buildings with signs like this one. The Biden Administration could change it to read " REALLY DO CHOOSE MASKS" but the mandate is already in place for federal buildings. Likewise, thirty-four states are already mandating masks. Some are not. It is not clear how this "urge" for the 16 remaining states differs dramatically from what the Trump Administration has stated. He may view the past calls as merely a "nudge" rather than an "urge" but the difference is hard to discern. What is clear is that Biden did not want to run on a national urging policy.
Jonathan Turley
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So Biden never was going to do anything different?
And he won via the pandemic?
Common Vic, you know that Joe's endearing qualities are living inside his own reality, and exaggeration. Joe never lies. Joe never misleads. Joe is a good guy.
Reality is setting in for Biden. He can't do the shit he promised. All of those "experts" he was "listening too" were in his own head. Now the real experts are giving him the reality of the situation.
1) His mandate for everyone to wear a mask will be taken to court and he will lose at every level.
2) He will claim it is only alt right and hard religious right people that are defying his mandate. Wonderful thing about today is social media. Leftist Brown Shirts will be seen w/o them at their "mostly peaceful" riots; high school and college students won't stop partying- hard to drink alcohol with a mask on- unless they are coming up with a new game of alcohol boarding- and the left loves to claim the young are all Democrats; and people everywhere will be on the lookout for Democratic politicians at every level violating the mandate. Yes Nancy Pelosi we are all looking at you.
The only thing Biden has is Trump. He will blast Trump for everything Biden cannot fix. The pandemic and Joe's inability to deal with it- Trump. Foreign wars that Trump didn't start; but Biden will double and triple down on- Trump. Slowest recovery from a recession ever part II (Part one was the Obama administration)- Trump.
Biden will be thanking god for Trump; it is the only thing he has.
Well done Sir.
We should wear masks until the end of April?
I wonder how many will be vaccinated by then?
Reporter: "A lot of people are wondering what your inauguration is going to look like--"
President-elect Joe Biden: "So am I."
Yup, Some mayors & governors thought they were above their own mandates!
Posts have been removed for no value from this thread.
Turley must have missed Biden's townhall in SEPTEMBER in which he stated the his mask mandate would be for Federal buildings and property. That policy is NOT 'already a part of the federal plan'. Hell, masks aren't even required in the WH even though it's a hot spot.
I don't think Turley missed a beat. Turley is focused on what Biden can actually do.
Actually the seed focuses on what Turley claims that Biden SAID.
Just because Turley and you didn't know the facts doesn't mean they don't exist.
Some people's willful ignorance doesn't matter but Turley willfully ignoring easily accessible facts is bad form for someone who pretends to be a credible voice.
The fact is that Joe Biden is not yet president and he has yet to chart a course any different than what has already been done.
Vic thinks covid is the only reason Trump lost. This country is in a sad state.
Did you see Biden speak at his press conference yesterday? He is fine. The claim he is losing his faculties is a bald lie.
as this group pours on the Rogain.
Dulay summed it up above. The POTUS CAN mandate masks in Federal Controlled areas, and i believe the rest is on the Governors. To claim Bidens approach is no different than Trumpps', is a bold face LIE. Biden has been consistent where Trumpp' scoffed at the notion of even taking the Virus seriously, even as his own Pep Rallies, KILLED his constituents ! Talk about cult like following, sheeesh !
Then that seems to render your seed moot, doesn't it Vic?
John, there was also your block voters and all those who said to themselves maybe they'll let us get back to work or maybe they'll let our kids go back to school, let them have the WH again.
I'm sure there were those too, but you know how it goes, so many lost their jobs with that spring lockdown.
He finally had a good one? Nice going Joe!
BTW John, we are discussing what Biden will do differently about the deadly virus the world is dealing with.
Then please tell us what Biden will do differently?
We are all waiting!
You mean your empty argument is moot.
Vic, you have quite enough difficulty cogently stating your own position, please refrain from trying to state mine...
We heard yours. It went like this: Joe Biden said something at a town hall which counters his promise of a nation wide mask mandate.
Biden ought to start “urging” dem officials who have been caught doing the opposite of what they impose on us, such as blackface northam, gavin newsome, denver mayor hancock, LA county supervisor sheila kuehl, new mexico gov grisham, michigan govs husband, mayor of austin texas, gov cuomo, mayor of san francisco, mayor of philadelphia, mayor of chicago. pelosi and feinstein didn’t make the rules but were caught breaking them.
They all should face what middle class Americans face - the bills that need to be paid and children that need to go to school. They are immune to real life.
Since when did that become part of your standard Vic? Right after Trump lost?
As if Trump ever cared what middle class American face. He even called his supporters disgusting and happy he does not have to shake their hands any longer.
In todays American 'political structure' everything must have a downgrade option.
Had current right wing conservative thought existed on Dec. 7, 1941 the US would have sued for peace with The Empire of Japan on Dec. 8, 1941.
Herd immunity is only popular with those who believe they'll never be asked to volunteer.
Don't like "downgrade options?" How about the FDA approving a vaccine. Britain and Bahrain already approved the same vaccine.
It will. Don't get into a twist over it.
Hell, if the first three months of this thing hadn't been called a hoax by leadership the vaccines would already be distributed.
Holy smoke. This seed hasn't been locked yet, so I have time to post a comment. Thanks, Vic.
In my opiniion it doesn't matter and it isn't going to stop the increasing infections and deaths even if Biden had the right to impose a mandate and did so, because so many Americans refuse to follow (and I'll bet even ridicule) the cultural path of "omotenashi", which I believe is a main reason why certain Asian countries have had so much more success in containing the virus.