Courts Will Rule Against Biden on Vaccine Mandate Penalties: Professor Alan Dershowitz

Epoch Times ^ | 09/12/2021 | Jack Phillips

[Obadiah]

That's the way I read it. A lot of double-speak and seemingly contradictory statements and then he makes this statement:

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.

[ArcadeQuarters]

Can businesses demand every employee’s abortion history to enforce a “no abortion” policy?

[Varsity Flight]

O BodyMORTGAGE CARE revisited. This after Trump ended the Mandate.
Here comes the Roberts.

Penal-ty.
❎

[zeestephen]

Since most people in the work force are under age 60, and since the COVID fatality rate for that age group is just a fraction of one percent, I do not see how Biden or OSHA can possibly claim in court that this is a medical emergency.

In addition, workers above age 60 already belong to the most vaccinated age group in the USA - more than 80% in Washington state.

[dinodino]

Overhead…the costs associated with this plan would be too high.

[ReaganGeneration2]

Federal law has enough loopholes and enough corrupt men-in-black that this will stand. No one should rely on the Federal system anymore.

States and counties must nullify this. See what the Feds do next, but be ready to lose Federal money.

[outpostinmass2]

I don’t agree. One only needs to look at smoking laws. You can’t even smoke in your own home in some places.

[USCG SimTech]

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?

This is how the "new jobs numbers" will explode into values never before seen as each new sub-company of 99 will be counted as new employment.

[Alberta's Child]

There's a bigger issue here that has gotten hardly any exposure at all in these discussions:

Who has the legal standing to challenge these OSHA mandates?

As I see it, the EMPLOYERS may be the only ones who have the legal standing to challenge the OSHA mandates. That should be fine, except that I suspect most employers have no interest in challenging them.

Think about it ...

Over the last eight months, employers have been dealing with a completely untenable situation where they can't figure out what kind of COVID-related work place requirements they should impose. If they require vaccines, then they may be potentially liable for vaccinated employees who suffer from vaccine side effects. If they don't require vaccines, then they may be liable for employees who contract COVID on the job.

Biden has done these employers a huge favor by eliminating their legal exposure when they impose vaccine mandates.

[laplata]

I don’t get what you’re saying.

What mandate did Trump end?

What Roberts pentalty?

[Bruce Campbells Chin]

The law will look to the functional reality behind the employee leasing company and aggregate all the employees for purposes of meeting the minimum. Happens all the time so that employers cannot escape laws that have such a threshold.

[jonno]

This is the plan (you heard it hear 1st 8^):

They’re counting on SCOTUS to rule this unconstitutional - which will be the “final straw” for the left to move against this “activist, partisan court”, and pack the court with compliant leftist judges.

[Bruce Campbells Chin]

The law will look to the functional reality behind the employee leasing company and aggregate all the employees for purposes of meeting the minimum. Happens all the time so that employers cannot escape laws that have such a threshold.

[Bruce Campbells Chin]

Good chance the Supreme Court would never hear the case. All it takes is one federal district court judge to issue a national injunction, like leftist judges did with Trump's immigration orders. We can lose 26 cases files by states as long as we win the 27th. That stops the whole thing unless every favorable district court decision is overruled by a Court of Appeals. That is unlikely.

Supreme Court can refuse to hear the case on an expedited basis, which means literally years before they'd beed to decide anything.

[sergeantdave]

“Who has the legal standing to challenge these OSHA mandates?”

IMO, everyone.

OSHA has no constitutional authority to write laws, mandates, dictates or rules. Only congress has legislative authority. And no, Congress may not transfer its law-making duty to unelected bureaucrats. Period.

[Alberta's Child]

I agree about OSHA's limits, but there are still legal hurdles to be addressed. I'm not a lawyer but I'm familiar enough with our legal system to know how this sort of thing works.

In order to have standing to file a lawsuit in any court, a person must demonstrate that he or she has been directly harmed by the defendant in the case. If there is a car accident and someone is injured, for example, then that person has the legal standing to file lawsuits against anyone who may have had a contributing role in the accident -- the other driver, the owner of the road, the engineer who designed the road, etc. The bystander walking by who witnessed the accident, on the other hand, has suffered no harm and therefore has no standing to file a lawsuit.

With that in mind, I'll ask the question again: Who can demonstrate harm from an OSHA mandate like this and therefore has the standing to file a lawsuit in a U.S. court of law?

[cgbg]

in the event that science supports it, there can be mandated vaccinations with exceptions

All .gov needs is one Joseph Mengele to support the "science"....wonder who that might be....

[sergeantdave]

“With that in mind, I’ll ask the question again:”

Your question has been answered. But keep asking if that floats your boat.

[Mr. Jeeves]

That sounds like a John Roberts ruling. Dershowitz knows the players. :)

[Alberta's Child]

This was your answer:

IMO, everyone.

No offense, but your opinion on this matter is worthless because (as I've demonstrated) it is flat-out wrong.

Thanks for your input.