Posted on 12/10/2021 7:15:27 AM PST by ChicagoConservative27
Chief Justice John Roberts on Thursday rejected a request to block a federal mask mandate for air travel.
The emergency request was filed by a Florida man on behalf of himself and his 4-year-old autistic son, who both claim to be medically incapable of wearing masks for extended periods, according to court papers
(Excerpt) Read more at thehill.com ...
Obviously roberts feels his duty is to the State, not the Constitution.
You're right. The states have never expressly constitutionally given the feds the specific power to dictate peacetime INTRAstate healthcare policy.
What confuses this issue is the following. Probably many state lawmakers don't understand (blatantly ignore?) the federal government's constitutionally limited powers and consequently fail to challenge federal policy on many issues, probably for fear of losing so-called "federal" funding, unconstitutional federal taxes another issue.
On the other hand, the Supreme Court has express constitutional jurisdiction when states disagree on an issue. And since several states have mask mandates, Chief Justice Roberts, by siding with federal policy even though it is unconstitutional imo, has, as a non-medical person, appropriately effectively protected the policies of mask states, regardless that states like Florida have heroically produced evidence that masks are ineffective in at least slowing spread of CV19 virus.
The post-17th Amendment ratification, post-FDR era, misguided Supreme Court seemingly never checks if a federal policy or law is reasonably based on constitutionally enumerated powers. This wrongly helps to unconstitutionally expand the powers of the already unconstitutionally big federal government imo.
Insights welcome.
Ditto....in spades. And looking back it really frustrates me to admit no better alternative at the time. We got screwed up the wazoo big time. The Republican party hates conservatism and conservatives - always has. It's surprising that we were able to push through Reagan and Trump, the only two good presidents since Eisenhower.
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