Judge strikes Biden's vax mandate — but not for the reason you might think: ere you have it, an answer unanticipated by pro- or anti-vaxxers

American Thinker ^ | 12/02/2021 | Gerald McGlothlin

[SeekAndFind]

In a 29-page order, U.S. district judge Gregory Van Tatenhove actually got it right on vaccine mandates — but not for reasons cited by either side of this contentious issue.

The George W. Bush nominee wrote, "This is not a case about whether vaccines are effective. They are. Nor is this a case about whether the government, at some level and in some circumstances, can require citizens to obtain vaccines. It can."

Judge Gregory Van Tatenhove further made his case, writing, "The question presented here is narrow. Can the president use congressionally delegated authority to manage the federal procurement of goods and services to impose vaccines on the employees of federal contractors and subcontractors? In all likelihood, the answer to that question is no." Thus, he granted the preliminary injunction requested by Ohio's, Kentucky's, and Tennessee's attorneys general.

So there you have it: an answer unanticipated by pro- or anti-vaxxers. The rationale was too moderate for ardent vaccine opponents. But it also was too conservative for the unlimited vaccination–supporters.

This decision fits the textbook definition of diplomacy: getting an agreement signed by two parties that neither of them likes.

This isn't to say that private non-government vendor companies cannot stick it to their employees — literally. The ruling simply states that it is overreaching for the Executive Branch, for instance, to force all companies that accept even one dollar of Medicare or Medicaid reimbursements to toe the line.

It appears that it would have been impossible for major medical companies to stay in business if they had dared defy the mandate prior to this judge throwing them a lifeline.

[SecAmndmt]

You flaming liberal Nazis think that the Courts define our rights, freedoms and liberties. Civil government exists to protect rights, liberties and freedoms. It is their fundamental role. The Declaration establishes that none of us need the Courts to award us privileges. The public health strike team coming to one’s front door to force a needle into one’s arm under color of law needs to leave in a hearse. Man up and join that team!

The fact that you are gloating that civil government can exceed its limits tells everyone all they need to know about who you really are.

[DugwayDuke]

SecAmndmt wrote: “The fact that you are gloating that civil government can exceed its limits tells everyone all they need to know about who you really are.”

I’m not gloating about anything. I’m stating the law as it exists.

SecAmndmt wrote: “The public health strike team coming to one’s front door to force a needle into one’s arm under color of law needs to leave in a hearse.”

And, you will be convicted of pre-meditated murder.

[SecAmndmt]

“And, you will be convicted of pre-meditated murder.”

Aleksandr Solzhenitsyn: “And how we burned in the camps later…”. I think the time is upon us soon to act: And how we burned in the camps later, thinking: What would things have been like if every security operative, when he went out at night to make an arrest, had been uncertain whether he would return alive and had to say good-bye to his ...”

[Sicon]

“Sounds like the judge is saying the government can compel people to get the vaxx, but that the method they chose was incorrect?”

Yes, I think the judge is saying that Congress could pass laws requiring vaccination. In a saner, more law-abiding era, we could rest easy knowing that the politicians needed to pay some heed to the will of their constituents, and that they would never even think about creating such a liberty-violating abomination of a law. Unfortunately, the past couple of decades, and the 2020 election in particular, have revealed that the politicians no longer need to give a crap what the people actually want.

[DugwayDuke]

SecAmndmt wrote: “Aleksandr Solzhenitsyn: “And how we burned in the camps later…”. I think the time is upon us soon to act: And how we burned in the camps later, thinking: What would things have been like if every security operative, when he went out at night to make an arrest, had been uncertain whether he would return alive and had to say good-bye to his ...””

How melodramatic. Solzhenitsyn would laugh at you comparing the gulag to being vaccinated.