The Founders got a tremendous amount right. But one of the areas I think they fell short is with the Supreme Court. I wish we had Constitutional language that mandated that every Supreme Court decision explicitly quoted Constitutional language that supported their decision (ex. Gun control: show me Constitutional language that explicitly says the government has the power to infringe the right to keep and bear arms. HA!)
IMO, the federal government has no business mandating anything to do with medicine. I’d like to know why the Supreme Court feels it has the ability to say, “Let’s do this, but not do that, because that would be too much”. HINT: It’s all too much. They ought to see that. But I guess they don’t.
The court basically said the authority to mandate vaccines belongs to Congress and not the Executive. And Congress had authorized CMS to regulate facilities providing care funded by Medicare.
Congress didn’t provide any clear authority to OSHA. Had Congress provided that authority the court would have sided with OSHA.
There was no “split decision”. THe decision was the authority has to come from Congress not the executive. CMS did have congressional authority, OSHA didn’t.