“We know that federal law overrides state law,”
Doesn’t that depend on “pre-emption” or some such legal circumstance?
In any event, what Biden/Harris is proposing isn’t legal anyway is it?
What federal law is she talking about?
When will he require those on welfare/entitlements to get the shots?
Like there being an actual enumerated power given to the federal?
Come on, man! Don’t you know Democrats don’t do “Constitution”?
I didn’t know it was law. I thought it was a diktat by Biden - an edict.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Can WH provide information on the bill number passed by congress so we can see how our representative voted on this new “law”?
Doesn’t that depend on “pre-emption” or some such legal circumstance?
In any event, what Biden/Harris is proposing isn’t legal anyway is it?
The starting point here is the so-called Supremacy Clause of the U.S. Constitution, Article VI, which states in pertinent part: "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof ... shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."
The Emergency Temporary Standard that OSHA is said to now be developing will presumably be relying on a provision in the Occupational Health and Safety Act of 1970 as providing it the federal statutory authority for imposition of the employer vaccine mandate. At issue in any court challenge, if and when the ETS is issued, would be, basically, whether the ETS is authorized under the OSH Act.
If the ETS were to be found to be within OSHA's authority to adopt, then, yes, the requirements it imposes would supersede any contrary action taken by the Texas governor (or, for that matter, the Texas legislature). In short (and this is somewhat roughly put), when there is a federal law, that federal law trumps a contrary state law, per the Supremacy Clause.