The fundamental problem with OSHA stepping in, is this is way out of their lane and purview. Has nothing to do with sttes rights - which the feds stomp all over, endorsed by federal judges. With respect to OSHA, some states run their own worplace safety agency - this has to be as or more strict than OSHA. The state gets its way only with OSHA permission. Bit of a side track there.
OSHA is workplace safety, not public health. OSHA is playing word games, which is what government, courts are all about.
I do agree that the rules is vax or weekly test, so not literally a vax mandate.
10th amendment is toothless against a judiciary hostile to state and personal rights. I don’t know of a single case (since the 1930’s) decided in states favor on 10th amendment grounds. The 10th has been used to EXPAND federal power, not contract it. “It (the 10th amendment) is but a truism.”
“I don’t know of a single case (since the 1930’s) decided in states favor on 10th amendment grounds.”
I think an example of the use of the 10th was when Trump offered to send in federal guard troops to assist the governors, even at federal expense. And the liberal governors not only declined, but raised hell when border patrol arrested people in Oregon for trying to damage federal property.
Since the 1930’s there have have been 13 cases that have been tried under the 10 amendment profile.
An example is in 1992, the Supreme Court ruled the Tenth Amendment prohibits the federal government from forcing states to pass or not pass certain legislation, or to enforce federal law.
SD O’Conner even guide lined how the feds could legally threaten the states to accomplish the goal anyway. But she did not support their ignoring of the 10th.
Another example is by:
“setting a precedent with important implications today, the Supreme Court’s decision from 1997 in Printz v. United States reaffirmed states’ rights and the Constitution’s anti-commandeering provisions.”
https://constitutioncenter.org/blog/on-this-day-the-supreme-court-reinforces-the-10th-amendment
They are there, but no one in the BS media is telling anyone.
wy69
“OSHA is workplace safety, not public health. OSHA is playing word games, which is what government, courts are all about.”
You definitely identified the problem there. But it was a ticking time bomb by the way it was written and changed throughout the years since its inception in 1971. It just sat there until the liberal administrations figure out a way to use it for their needs. So we somehow thrived in the country for 200 years without it, with local determinations as to health and safety, but at that point we were in such a severe danger to ourselves that the federal government, was allowed to slam in one size fits all divinations in a semi controlling agency from the other side of the country.
Then they continued to bluffed the rest until either through cutting off states’ monies or services by blackmailing the states into applying their ideas on interpretations until the people in power in the states realized the advantages of being a zombie and in many cases taking the blame when the finger was pointed at them for a blowup. Ahhh, the art of misdirection.
Notice no one is talking about the “lack of brainpan in Afghanistan” anymore. Now we’re talking about supply lines that are being disrupted by the unions and pointing fingers at the trucking industry. Smoke and mirrors.
wy69