[Sans-Culotte]

"Nor is this a case about whether the government, at some level and in some circumstances, can require citizens to obtain vaccines. It can."

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

[Mathews]

I think he’s saying any sort of mandate has to come through Congress, not solely from the Executive Branch.

[MNJohnnie]

There is an established legal principal that states can impose vaccine mandates via their legilsatures

The point of law to attack this on is this is not a vaccine. It is an experimental gene therapy

[Dead Dog]

Basically; it has to be a law passed by house and Senate.
The constitutionality of that then needs to be answered. Imo, it’s left to the states. But, ianal

[Bruce Campbells Chin]

There is clear legal precedent, binding on this judge, that government entities "at some level", can compel vaccines. That is most clear for state governments, and for direct Federal employees such as the military with a properly approved vaccine. We may not like it, but that precedent exists.

However, those precedents do not justify what the federal government is trying to do the Medicare and medicaid. Therefore, the judge right we struck it down.

[Boogieman]

Well, it sounds to me that he is thinking of state governments, or the legislative branch, not the federal executive branch.

[DugwayDuke]

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

It is settled law that states have police powers forbidden to the federal government. Those police powers include the power to compel vaccinations. IOW, your state could compel you to get vaccinate but the federal government cannot. That is why Biden’s Mandate is an end run around the Constitution and should be blocked.

Jacobson v. Massachusetts, 197 U.S. 11 (1905)

https://supreme.justia.com/cases/federal/us/197/11/

[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.