Posted on 01/07/2022 10:22:13 AM PST by ransomnote
[H/T HoneysuckleTN]
SNIP
Biden Has No Authority to Mandate Vaccines
As I have elaborated elsewhere, the plaintiffs have the better of the argument. Their position can be summarized as follows.
First: The federal government has never imposed a vaccination mandate for non-servicemembers; the states have. Every state requires schoolchildren to be “vaccinated,” “inoculated,” or “immunized” against a host of dangerous diseases, and each such law uses one of those three terms (or some variant, such as “vaccination” or “immunization”).
Moreover, the leading U.S. Supreme Court public health decision — Jacobson v. Massachusetts (1905) — involved a Massachusetts law and a Cambridge ordinance that each used the term “vaccination.” If Congress had wanted to use the OSH Act to empower OSHA to require vaccinations, Congress knew how to draft a provision using one of those terms. Congress did not.
Second: Those terms have a well-settled, specific meaning in public health law: viz., the use of a weakened or inactive virus — or mRNA recreations of a virus’ genetic code — to trigger a response in the human immune system. Vaccines intentionally create permanent (or at least transient) changes in the human immune system — intentionally so, to be effective.
Vaccines do not work by creating external defensive shields; that is the job for masks, gowns, gloves, eyewear, and the like, protections that fend off pathogens and keep them from invading the body. Vaccines work by creating internal offensive mechanisms — namely, mechanisms that attack and destroy pathogens.
By definition, to be effective vaccines must enter the body and trigger a cellular response. Put differently, masks, gowns, gloves, eyewear, and the like can be tossed away at the end of the workday; T-cells cannot.
Third: Agencies have only the authority that Congress grants them, and no provision in the OSH Act uses the terms “vaccinated,” “inoculated,” or “immunized.” Why? Because Congress has always treated vaccinations as medical decisions to be made by medical experts, not as occupational health decisions to be made by non-physician government officials.
The Biologics Control Act of 1902 prohibited the distribution of viruses without a license from the secretary of the Treasury and designated the surgeons general of the Army, Navy, and Marine Service to serve as a board to issue rules governing the issuance and revocation of licenses. The Federal Food, Drug, and Cosmetic Act of 1938 defines “vaccines” as “drugs” and “biologics,” which can be distributed in interstate commerce only if the commissioner of the Food and Drug Administration (FDA) approves their use as a normal or an emergency treatment (and, by statute, if a vaccine is approved as an emergency treatment, every person has the right to refuse the vaccine).
Yet Congress has never authorized the FDA commissioner to impose a vaccination requirement. Ditto for the director of the Centers for Disease Control and Prevention (CDC). Nothing in the OSH Act changes that settled feature of public health law.
In sum, OSHA cannot order employees to be vaccinated against any virus — whether that one or one of the yearly influenza viruses that also kill people annually — because OSHA cannot make medical decisions for employees.
SNIP
The argument made by the government that cases are exploding while vaccine mandates are in place should destroy this whole thing. The so-called vaccines have obviously failed. Thank goodness.
We all know he has no authority to do these evil things. But just like with election fraud, no one will stop him.
THIS court?
I put nothing past them.
They have proven again and again that they will not side with the citizens or the Constitution.
I feel the same. Don’t trust them to rule Constitutionally. (Sotomayor is the biggest dunce)
Bump!
“Why The Supreme Court Should Slap Down Biden’s Utterly Lawless Vaccine Demands”
They are not ruling on the mandates. That is still in a lower court.
The justices are clueless to what’s going on in the real world. Sotmayor says 100,000 kids are in the hospital, many on ventilators. Either lying or clueless. It’s a little over 3,000.
Thanks to Null and Void for the above reality.
Covid Vaccines/boosters are now for ever, from now to eternity?!
Thanks to Sans-Culotte for this needed dose of Vaccine/Booster Reality versus the daily mediot B$ insanity of Vaccine$/Booster$!!
Thanks to Travis for the above.
We are fine Mr. President, after our 7th Booster! Go Brandon!! More boosters please!
So what are they arguing today?
The SCOTUS can give whatever decision it wants, I’m not injecting mRNA into my body. Ain’t happening.
The Federalist is just reacting to one issue. They should be targeting the unrelated Federalist Society, which has near monopoly on who gets nominated to the Supreme Court. Five or six on the SC are Federalist Society picks.
Barrett was so disappointing today in the oral arguments. She’s weak. Hard to believe she got to be confirmed.
“So what are they arguing today?”
On staying the mandate till lower court decides.
Barrett was so disappointing today in the oral arguments. She’s weak. Hard to believe she got to be confirmed.
While I still hold out hope that Roe vs. Wade will be overturned, I have to agree that so far Trump's picks for the Supreme Court have been disappointing at best. What was he thinking?
Listening to oral arguments, the fact that the case rate is high is being used to justify the heavy federal hand.
More evidence that the Supreme Court is full of lunatics.
“.....so far Trump’s picks for the Supreme Court have been disappointing at best. What was he thinking”?
Trump’s inner circle and many advisers were infiltrators. He got hood-winked on many things.
I was shocked at the ignorance displayed by Kagan and Sotomayer. Their detachment from reality was breathtaking..
...I’m not injecting mRNA into my body. Ain’t happening.
How about J&J?
“What was he thinking?”
________
I don’t believe he thought past what others whose word he took as good advice suggested would be a good pick. I don’t believe he ever gave the issue any real serious thought at all, outside of being able to say he did it.
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