Posted on 04/11/2022 11:45:19 AM PDT by ransomnote
From the thread BTT:
https://freerepublic.com/focus/f-news/4056014/posts?page=24#24
“
From https://www.documentcloud.org/documents/21636492-mask-mandate-order
A. The Mask Mandate Excceds the CDC’s Authority under the Public Health Services Act Because “[a]dministrative agencies are creatures of statute,” they “possess only the authority that Congress has provided.” Natl Fed’n of lndep. Bus. v. Dep’t of Lab., 142 S. Ct.661, 665 (2022) (per curiam). In issuing the Mask Mandate that requires most “persons to wear masks over the mouth and nose when traveling on any conveyance... into or within the United States,” 86 Fed. Reg. at 8026, the Director of the CDC relied on a section of the Public Health Services Act of 1944 (PHSA) for authority, see 42 U.S.C. 264(a); see also 42 C.F.R. 70.2 (delegating regulatory authority under this statute to the CDC). That provision empowers him to promulgate regulations aimed at “identifying, isolating, and destroying diseases, Ala. Ass’n of Realtors v. Dep’t of Health & Hum....
Other sections of the PHSA also provide the CDC with a limited power to apprehend, detain, examine, or provide conditions for the release of individuals “coming into a State or possession from a foreign country or traveling between States but only when the CDC reasonably believe|s)” that the person is “infected with a communicable disease” and is a “probable source of infection” to others. $ 264(6H(A). In that latter situation, the CDC may detain the individual “if upon examination he is “found to be infected. $ 264(d)(1). Since Congress enacted it in 1944, the PHSA has “generally been limited to quarantining infected individuals and prohibiting the import or sale of animals known to transmit disease.” Ala. Ass’n of Realtors, 141 S. Ct. at 2487. It “has been rarely invoked.” Id. At least until recently. Within the past two years, the CDC has found within $ 264(a) the power to shut down the eruise ship industry, stop landlords from evicting tenants who have not paid their rent, and require that persons using public conveyances wear masks. Courts have concluded that the first two of these measures exceeded the CDCs statutory authority under $ 264. See id. at 2488-89 (explaining that the eviction moratorium likely exceeded the scope of $ 264(a); Florida v. Becerra, 544 F. Supp. 3d 1241, 1272 (M.D. Fla. 2021) (Merryday, J) (reasoning that the CDC’s conditional sail order exceeded the CDC’s statutory authority under $ 264(a). No court has yet ruled on the legality of the third. At first blush, it appears more closely reated to the powers granted in $ 264(a) than 10 Case 8:21-cv-01693-KKM-AEP Document 53 Filed 04/18/22 Page 11 of 59 PagelD 902 either the sail order or the eviction moratorium. But after rigorous statutory analysis, the Court concludes that $ 264(a) does not authorize the CDC to issue the Mask Mandate. - https://www.documentcloud.org/documents/21636492-mask-mandate-order
“
ThankQ MqD !!
That’s not entirely true...I see plenty of ‘Let’s Go Brandon’ flags, and that’s just here in East Tennessee!
Even with*. Not “been with”
The Kamel, wasting our time.....
oh wait, maybe this is a good thing..
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
You can take your advice and shove it. I do not answer to you. I do not ask (or need) your permission to say anything. If you don’t like what I post, too bad. Scroll down to the next post.
By the way, here’s something you should think on.
When I make a comment, I’m speaking mostly to the idea, not the person.
If you understand what I mean, you’ll see that it facilitates exchange of ideas.
Censorship is what limits exchange of ideas. We should have learned this by now.
You seemed interested in exchanging ideas with me.
Regardless of the exact percentage ownership, which you note in detail, there is an obvious control of UP aspect reflected in its HQ being in Omaha. Locally we now see UP hardware mixed with BNSF rolling stock. It all works to keep me suspicious that maybe somebody is getting too big? They broke up ATT and I didn’t even have a phone yet?
Two levels of posters/topics?
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.