Posted on 09/12/2021 8:54:57 PM PDT by SeekAndFind
Courts will likely agree that the federal government has the authority to enforce COVID-19 vaccine mandates but will argue that the rules and penalties cannot be enforced, said Harvard Law School professor emeritus Alan Dershowitz.
President Joe Biden last week said that he will direct the Occupational Safety and Health Administration (OSHA) to mandate that employees at companies with 100 or more workers will have to either submit to weekly testing or get the COVID-19 vaccine. White House officials have said that fines will be handed down to those who don’t comply with the rule, which will impact about 80 million private-sector employees.
“No. 1, is this something the federal government can do as compared to the states?” Dershowitz told Newsmax. “The states have police power. The federal government doesn’t have police power. The federal government’s powers have to derive from the text of the Constitution.”
It’s likely that courts will say that the government can enforce vaccine mandates but will argue that it is only Congress that can order punishments and fines, he said.
“I think the courts will say the federal government does have the power because this is a national issue across the state lines. It’s not limited to states. It’s contagious,” Dershowitz said. “I think they will say that in the event that science supports it, there can be mandated vaccinations with exceptions.”
But such mandates are “generally relegated to the legislature in our system of government, so I think the courts will focus on that issue first and say that the president may not have the authority to do this without congressional authorization,” Dershowitz said.
“You can’t say it’s an emergency,” he continued. “This problem has existed since the first day of the Biden administration, and it will continue to exist on the last day of the Biden administration because we’re not going to see an end of COVID.”
Dershowitz added: “We’re going to see COVID become like the flu. Seasonal different variations, different vaccinations, so it shouldn’t be done under the rubric of emergency. It should be done under the rubric of ordinary congressional power.”
When the mandates are handed down to companies under Biden’s order, Dershowitz said that it will be a “big payday for lawyers” who will likely file numerous lawsuits on behalf of businesses and other entities.
“There will be individuals who will be fired, and they’ll sue immediately,” he also remarked. “There will be companies—and I know there are some already who said we refuse to obey this mandate—and we’ve had companies and states indicate they’re going to file suit.”
Classic doublespeak!
How do you "enforce" without "enforcing rules" and penalties?
But science doesn’t support Jab mandates. The real science is being suppressed by the Tech giants.
Dershowitz admits that it is not an emergency but also says that the government can force a mandate. Does that mean that all people most get the HPV, the shingles shot, the regular flue shot, etc?
I am not sure you can argue that this can be required by
Federal legislation either. Based on the case history the states and localities via legislative action have had this power. I not sure you can make a case to the Courts that a 2% death rate and 5% hospitalization rate warrants the Feds up surging the State’s powers
I think Dershowitz said that Congress is the body that sets the fines and penalties and the Executive enforces it. Executive can’t be both “judge (setting fines and penalties) and executioner.”
We’ll see.
So what’s to stop 100+ employee companies from forming two or three (or ten) employee leasing companies and paying the smaller companies for the employees?
So yes, the federal government can do this theoretically, but not in the way Biden actually did it.
Dershowitz is not to be trusted on this, imo.
He speaks with forked tongue.
He is Deep State/Great Reset to the core.
Occupational Safety and Health Administration (OSHA) to mandate has no authority to mandate vaccines.
Obamacare was a Legislative act, not an Executive Order
Apples to oranges comparison.
That’s what I was thinking. But many companies are fine with the mandate.
Well, considerate of them to publicly announce themselves as kapos and unworthy of your work.
Judges have personal lives. And they have families who have personal lives.
Have long suspected that FDR’s goons blackmailed, extorted, or intimidated the individual members of SCOTUS into reversing their position on FDR’s “New Deal” power grab; a grotesque overreach of government which they had previously, and correctly, found to be unconstitutional.
I’m starting to hear distance sounds of gunfire!
So what’s to stop 100+ employee companies from forming two or three (or ten) employee leasing companies and paying the smaller companies for the employees?>>> That is what i would do first up. and see how the feds try to manage the mess. Then you can paper terrorize them if the require paperwork filing etc.
Perhaps, but it wont stop businesses, states, etc. from mandating such.
Excellent point. We have been living with Covid since Feb 2020 ish and restriction free since May 2021 almost every state. You can’t all of a sudden decide the new spike is a emergency.
He’s just trying to cover/distract from Afghanistan.
Yes, eventually... hopefully... if the courts still believe the things the founders instructed them to believe and the law showed what was to be believed from that point.
Of course they will, after a lengthy deliberation and an appropriate venue where claimants who can describe “harm” will be seen.
The biggest difference from twenty years ago is that the president doesn’t give no F***s about the law, he’s going to get the results wherever he can.
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