CAPITOL REPORT

At the Capitol, we are now in between sessions, and I’ve been meeting with local groups and people in the district, gathering ideas and suggestions, and working on proposed legislation for the next regular session. In addition I’ve been working hard on the federal vaccination mandate issue.

On September 9, President Biden first announced his plan for mandatory COVID vaccinations to be implemented across the US by the federal government. Since then, a lot of people have expressed concerns and made complaints that at least 2 large employers in the area have already begun mandating vaccinations for employees in their companies.  Although requested, the Governor has not yet called a special or extraordinary session.

On September 10, I was asked by the Speaker of the Missouri House, Rob Vescovo, to help lead Missouri’s fight against vaccinations mandated by the federal government. On September 15 in the House Judiciary Committee, I called our first hearing.  The Missouri Chamber, state industry representatives, and health care representatives all testified against federally mandated COVID vaccinations.  

Witnesses from adult care facilities testified that several of their homes and facilities will likely be required to shut down.  Nursing homes and other adult care facilities have already suffered significant losses of employees due to COVID concerns.  Industry experts expect further losses of employees if mandates are implemented.  By federal law, such facilities must meet minimum staffing requirements at all times.  If vaccinations become fully mandated, the experts predict many homes and facilities across the state will be forced to close as even more workers quit.  

To be clear, my wife and I made the private medical decision to get vaccinated against the COVID virus.  Every medication and every vaccination (including COVID) can and does affect individuals differently.  Each carries risks and possible side effects as drug company ads constantly warn us about, but for us, it was the right thing to do.

However, I very strongly (and representing the overwhelming opinion of the majority of the people in this state district) believe that COVID vaccinations must remain voluntary and should never have been mandated by the federal government.  This is what I was asked by the Speaker of the Missouri House to fight for and that is what I will continue to do.

In the long term, it’s likely that the US Supreme Court will strike down many (maybe all) of the President’s executive department vaccine orders and mandates.  In the 1905 case of Jacobson versus Commonwealth of Massachusetts, the United States Supreme Court debated this very issue (vaccination mandates).  In Jacobson, the Court warned that individual liberty interests may only be restrained when states act “under the pressure of great dangers” to address those great dangers and to act only when the safety of the general public demands.  Under the 10th Amendment, the Supreme Court in Jacobson specfically found this police or safety power was reserved to the states, which power the states “did not surrender when becoming part of the Union.”    So far as they can be reached by any government, the health and safety of the people are for each state “to guard and protect.”

Neither the US Congress nor certainly not our Missouri Congress mandated COVID vaccinations nor even made the required findings to begin the process.  Similarly, in the recent Alabama Realtors case, the US Supreme Court struck down the President’s and CDC’s moratorium on evictions that had neither US Congressional nor our state’s approval.  Even if it was a federal issue to decide in the first instance, the court found that the moratorium clearly exceeded the authority of the executive department.  The Court said that specific prior congressional authorization must first have been obtained, which was not done.  Sound familiar?

Some people may argue that presidential authority for their president should for our own good be unlimited, but that is exactly one of the things our Constitution was written to prevent.  Absolute power corrupts absolutely regardless of party.

Sadly, court review takes time and probably will take too much time for many people.  Either in extraordinary session (if called by the Governor) or in regular session, I expect that when back in session our Missouri House will quicly pass several bills opposing the federal mandate.  I’ve been given several great ideas and please keep those coming.  Also, State Senator Karla Eslinger and I will continue to meet with business leaders and managers to continue to voice your concerns.

Remember in the short term, if you have a medical reason not to be vaccinated or have a firmly held religious conviction against vaccinations, neither the President nor US Congress has yet forbidden such exemptions.  I strongly suggest that you talk to your lawyer before making a final decision.  

I look forward to continuing to represent your common sense, conservative values.  Please let me know If you have concerns and suggestions.  If you would like to schedule a specific time to meet locally or at the Capitol, please call my office at 573-751-1455, or email my office at david.evans@house.mo.gov.  

Best regards,

David Evans, Missouri State Representative 154th District