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This judicial smackdown is so overwhelming that it’s fair to conclude the Administration gave only passing thought to the law. It acted for political reasons, but even that has proven to be a mistake. The White House panicked amid the Afghanistan fiasco and Delta variant breakout, but it missed how resistant millions of people are to government orders regarding their health.
The mandates have increased political polarization, and they are becoming less popular as people see that the vaccines, while effective, do not prevent infection as well as we might have hoped. They are still worth getting, but it ought to be a personal choice. Mr. Biden chose the progressive default of coercion.
This is typical of his Presidency, and it’s one reason he has sunk in the polls. The Administration says it plans to continue defending the mandate but it will almost certainly lose if a challenge makes it to the Supreme Court. The Covid scourge has given government a political excuse to exceed its legal powers, and it’s vital that the courts rein it in for liberty’s sake.