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To: ClearCase_guy

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.


6 posted on 01/15/2022 1:39:15 PM PST by DannyTN
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To: DannyTN

So the implication is that if there were a law, passed by Congress, authorizing OSHA to have these powers, then that would be constitutional.


8 posted on 01/15/2022 1:46:51 PM PST by Dilbert San Diego
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