Posted on 09/14/2021 7:53:46 PM PDT by DoodleBob
President Joe Biden has issued a series of executive orders—without express legislative authority—mandating vaccination or weekly testing for a significant percentage of American workers. Since the announcement, I have been besieged with calls, emails and media requests all asking the same question: is it constitutional? Fortunately, I've just completed writing a book on precisely that subject, entitled The Case for Vaccine Mandates, in which I analyze the legal issues surrounding vaccination, masking and related mandates.
Here is my conclusion: it depends!
It depends on the following three questions, all raised by Biden's actions:
1) Does the federal—as distinguished from state—government have jurisdiction over COVID and vaccine mandates?
2) If the federal government has (or shares) such jurisdiction, may it constitutionally require, even with exceptions, workers to be vaccinated against their will or as a condition of their employment?
3) If the federal government has the constitutional power to mandate such vaccinations, can that order be made by the executive, as distinguished from the legislative branch of the federal government?
Unless all three questions are answered in the affirmative, President Biden's orders would not pass the test of constitutionality.
The first question is easy. Yes, ...
The second question is harder, but courts would likely sustain a properly enacted law, with appropriate exceptions, that mandated vaccination as a last resort. ...
That brings us to the third question—can such a sweeping "emergency" mandate, that is not limited in time, be authorized by the president without explicit legislation by Congress? That is the most daunting question of all.
(Excerpt) Read more at newsweek.com ...
Not in my universe.
I guess, with Trump out of office, Alan needs to get back to the liberal dinner party circuit.
You had this guy right all along, when everyone thought he was pro-Trump.
Uh, still NO! During my carotid adventure at the VA last week i had a CONvid check day before surgery. Negative. But, oddly no one pushed the stab while I was there.
That is odd, every interaction I have with medical people, the first question is
“are you vaccinated?”
Well, nice thought but he is missing what I think will be the Court’s focus. Biden has elected to do this through what amounts to a regulation. New Federal regulations must be enacted per the APA. There was no notice and comment period here whatsoever. I bet the Court uses that to punt the can down the road.
Like they care
He never liked Trump, but he thinks that Trump did a better job than Hilary would have. He’s being clinical. I’ve never heard him say that he was a loyal Trumper.
if #3 is argued, it could be said that the president does have the authority through delegation to the executive offices (OSHA/DeptofLabor) under his share-of-the-pie jurisdiction, and he can direct them to institute that policy. Additionally, the president can refuse a waiver or exception for all military if the SoD makes such a request but the SoD is the only one who can make that request and the president can’t act without a request to deny exceptions from the SoD. I don’t know if that works the same with the DeptofLabor/OSHA?
I don’t know the whole mandate thing, either. It covers fed and fed contractors, anyone accepting fed funds or sells to the feds, and any public companies over 100 employees, but not private companies? or them too?
The mandate issue will run into a whole body of jurisprudence establishing the “right to refuse treatment.” It has been sustained by the SC, in principle, for years, mostly related to mental health medicines and sometimes lifesaving treatments not wanted by the patient. Only a matter of time before this is brought up in counter arguments to the federal decree.
Previous findings about smallpox are based on the establishment of an overwhelming crisis, which will be hard to maintain in the face of 99% survival rates. Polio vax has been subject to state mandates, not federal ones, so that won’t fly either.
Dershowitz was supposedly part of Trump's legal team for the impeachment. I think he's an opportunist, and as yaelle pointed out a guest at Epstein Island so he's kinda creepy.
And, not for nothing, but the Jacobson case that underpins many people's belief that SCOTUS handed the govt the right to forcibly immunize citizens, was the basis for the utterly ghastly SCOTUS opinion on BUCK v. BELL, Superintendent of State Colony Epileptics and Feeble Minded, which gave the govt the right to sterilize people!
The judgment finds the facts that have been recited and that Carrie Buck 'is the probable potential parent of socially inadequate offspring, likewise afflicted, that she may be sexually sterilized without detriment to her general health and that her welfare and that of society will be promoted by her sterilization,' and thereupon makes the order. In view of the general declarations of the Legislature and the specific findings of the Court obviously we cannot say as matter of law that the grounds do not exist, and if they exist they justify the result. We have seen more than once that the public welfare may call upon the best citizens for their lives. It would be strange if it could not call upon those who already sap the strength of the State for these lesser sacrifices, often not felt to be such by those concerned, in order to prevent our being swamped with incompetence. It is better for all the world, if instead of waiting to execute degenerate offspring for crime, or to let them starve for their imbecility, society can prevent those who are manifestly unfit from continuing their kind. The principle that sustains compulsory vaccination is broad enough to cover cutting the Fallopian tubes. Jacobson v. Massachusetts, 197 U. S. 11, 25 S. Ct. 358, 49 L. Ed. 643, 3 Ann. Cas. 765. Three generations of imbeciles are enough.
I like Tucker Carlson’s take on it; if the Federal government can force a needle in your arm, is there anything they can’t do?
The mandate includes private companies with > 100 employees.
No! Next stupid ass question!
Now ask how many points of The Nuremberg Code does it violate.
Spoiler alert! All ten!
Right? Of course they could have stabbed me while I was sedated. 😱💉
99% survival rate is not an emergency, maybe dershpwitz lost his fear of being prosecuted for epsteirn island...???
I found it laughable when FReepers tried to paint DIRTshowitz as an “honorable” Democrat just because he happened to be right about the Trump impeachment. A stopped clock is right twice a day. Now DIRT can go back to defending the likes of O.J. and Slick Willie.
We live in the ‘it depends’ world. I think most things are cut and dry and the Constitution clear as written. I think some on FR actually go beyond Alan D.
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