Not in my universe.
You had this guy right all along, when everyone thought he was pro-Trump.
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
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.
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?
No! Next stupid ass question!
Now ask how many points of The Nuremberg Code does it violate.
Spoiler alert! All ten!
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.
Biden got his Mandate from China.
China’s ruler’s prior to communism was the “mandate from heaven” that the King labored under in service to his people.
The Mandate is a Chinese Political thing and Biden should be charged as a foreign agent.
Is this really a medical emergency?
The most vulnerable group is age 60-and over. That group already has the highest level of vaccination in the USA, and the same group has a low level of representation in the work force.
The age group 59-and under has the largest representation in the USA work force, but their COVID fatality rate is less than 1%.
For the age group 40-and under, their COVID fatality rate is almost equal to the fatality rate for influenza.
My conclusion - this is not a medical emergency.
Protect the aged and the infirm.
Everyone else, go back to your normal life.
He says the first question is an easy yes, but I fail to see any black-letter law nor precedent for such an answer.
Roberts can say the Vaccine mandate is a tax....problem solved.
The first two ‘yes’ answers are no-brainers.
But the entirity of the problem is in the third question.
Biden bypassed the entire legislative process. That’s unconstitutional.
If this stands, he could feasibly ‘executive-order’ the seizure of all firearms in America.
This will end up in the USSC where it's likely most of the justices have already made up their mind ... it'll just take some time before we find out if we still live in a constitutional republic ... in Liberty.
Does OSHA cover work-from-home employees? Like full time telecommuter types.
It’s hard for the virus to fly 20 or 40 miles to the office, isn’t it?
Update: @CorrectionNYC just told the City Council there are 1,789 officers who called out sick just today: https://t.co/qzxt1UD3XU— Gloria Pazmino (@GloriaPazmino) September 15, 2021