Posted on 01/07/2022 6:16:44 AM PST by TexasGurl24
Two cases will be argued today beginning at 10.
National Federation of Independent Business v. Department of Labor (OSHA Mandate)
and Biden v. Missouri (Healthcare mandate)
Audio here:
https://www.supremecourt.gov/oral_arguments/live.aspx
Is that what you are predicting or hoping for?
I spoke too early on Roberts. I would revise the running count like this:
Clearly in favor of the mandate:
Breyer, Kagan and Sotomayor (they said as much)
Clearly opposed:
Gorsuch, Alito, Thomas
Much harder to read:
Kavanaugh, Roberts and Barrett
Of the three, I’m most confident about Barrett, then Kavanaugh then Roberts. (Roberts may be playing both sides with his questions).
Because they (wrongly) allowed delegation of "all legislative powers herein granted" in the first place, and now they are stuck with the consequences.
Here comes the doomsday crew
I’ll take your bet. What are the terms?
Jim, I know I’m new here, but I’ll take the riskier position on that virtual gentlman’s bet ;-). I predict a 6-3 strike down.
“then the commerce clause would allow the feds to do it”
Nope, it’s the other way around. The commerce clause limits the federal government’s authority to only regulating interstate commerce, so this mandate could be seen as excessively meddling into private business operations inside the states. Even the Obamacare mandate which was less meddling than this was ruled as a violation of the commerce clause, of course Roberts then got cute and ruled that the penalty could still be enforced as a tax.
“Response to Kagan: That’s NOT what the OSHA rule says. It applies to even the guy working in his office by himself.”
The ETS is clear on this.
“”a. Employees Who Telework and Employees Who Do Not Report to a Workplace Where
Other People Are Present.
Employees who report to workplaces where no other people are present face no grave danger from occupational exposure to COVID-19 because such exposure requires
the presence of other people. For those who work from their homes, or from workplaces where no other people are present (such as a remote worksite), the chances of being
exposed to SARS-CoV-2 through a work activity are negligible. Therefore, OSHA is exempting those workers who do not come into contact with others for work purposes
from its grave danger finding as well as the scope of the ETS””
.
Mental facilities too. And why not psycological profile? Weed out all the angry people.
This Prelogar lady is pretty quick on the draw, I’ll have to admit.
He did. The idiot.
EXCELLENT POINT JUSTICE ALITO
Thomas just threw a slow ball over the plate by asking if she considered the vaccine to be the most effective approach.
I LOVE IT!
THOMAS: Is the jab the only way to treat the virus?
Solicitor: Only way to protect against transmitting the virus.
Thomas missed the the opportunity to call that BS....it’s vaccinated that are spreading the virus, not the other way around. Also, other treatments are far more effective as they do not require “boosters”.
She’s annoying, reminds me of Raggedy Psaki
SAY IT
Your prediction looks correct and is worrisome.
All they are doing is relying on the OSHA folks to educate them on how bad it is and how the shot is the only way.
Sweet Jesus, bring a miracle to stop the madness and save us from these drugs.
For the cube-bound....what was the point?
My sister in-law company will require testing if you are not vaccinated. They cannot count the time to get tested as a work hour.
If it takes two hours to get tested, that is two hours without pay. I am not sure if the company pays for the testing or not.
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