If the Supreme Court upholds President Joe Biden's COVID-19 vaccine and testing mandate for private businesses of 100 or more employees, that will mean there are "virtually no limits to presidential power," Ohio Attorney General Dave Yost, who will argue the case against the mandates Friday, tells Newsmax.
"The argument is about power and what is the president allowed to do, and what is the president not allowed to do under our Constitution," Yost said Thursday on Newsmax's "National Report." "This is the thing that distinguishes a monarchy from a democracy. Congress writes the laws, not the president."
But Biden, while pushing the business mandate and other mandates to require vaccinations, has "attempted to usurp the power of Congress" by writing laws himself that cover almost all Americans, said Yost.
"He simply doesn't have the authority to do that in our system of checks and balances under the Constitution. It's critical that the court get the chance to review this and make sure that the executive branch stays in its lane."
The court will hear in-person arguments on Friday on emergency requests filed in two cases by challengers that include GOP-led states such as Ohio, as well as business groups and religious entities who are calling for the vaccine requirements to be blocked on grounds that Biden and his administration overstepped their authority.
There have been differing opinions in the lower courts on the mandates, but Yost said the law will remain on the side of states that are challenging "this presidential fiat."
He also said he doesn't think it will take long for the court to come to a decision.
"The fact that the Supreme Court scheduled an oral argument on a stay is something that hasn't been done in 50 years," said Yost. "This tells me that they understand that everybody in America is waiting to hear what the rule is and what the law is, and how we're going to live … [we hope] the Supreme Court will stand in the breach and say No, the separation of powers means something, that the Constitution is enforced, and that the president does not get to write the laws."
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