SCOTUS Oral Argument Audio (Vaccine Mandates) LIVE THREAD [2nd case starts at reply 279]

SCOTUS ^ | 01/07/2022 | SCOTUS

[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

[katieanna]

A JUSTICE FINALLY WENT THERE

[RushIsMyTeddyBear]

Chirpy.

[lodi90]

Alito really threw a wrench into the discussion by asking whether a brief administrative stay would be appropriate. He makes a good point that if “people are dying every day”, then why did OSHA write the order such that there would be a several month delay before implementation.

---

Christmas was coming up and Team China did not want the optics of Vax resistant employees being fired during the holiday season. This ceased being about medicine long ago. It’s a political battle now. That fact needs to be hammered at every opportunity.

[Cboldt]

My point was that the courts might decide that delegation is fuzzy, and should be fuzzy. Meaning it is fine if more than one agency is “in charge” of a particular aspect.

The CMS mandate covers workplaces subject to OSHA, so overlap is inevitable.

SCOTUS can get out of the trap by allowing MORE delegation, in the form of fuzzy statutory law. Then the question of “is this the right agency” is settled thusly: there is no such thing as the wrong agency when it comes to asserting federal power.

[TLI]

I'm surprised nobody has raised the most obvious point here in this legal proceeding: Using an OSHA Emergency Temporary Standard to impose permanent conditions on workers is an outrageous abuse of ANY government power.

They call it Temporary?

Can I become un-vaccinated?

No?

Then it never was temporary, it is permanent.

.

[Pollard]

Atty Robert Barnes covering this; https://www.youtube.com/watch?v=qsavJ10pKS0

[Mygirlsmom]

THOMAS: Is the jab the only way to treat the virus? Solicitor: Only way to protect against transmitting the virus.

Then why are they not all in a room together breathing on each other including the triple-vaxxed but Covid positive Flowers? I am assuming all parties are jabbed and boosted.

[GraceG]

Sotomayor just said “how is a hiuman spewing virus not like a machine spewing sparks”? IOW, all communicable disease issues are in OSHA scope.

[Jim Noble]

It’s a prediction. Path of least resistance for them.

All members of their class are pro-mandate.

[blackdog]

My employer could be mandated into forced abortions because they are a health condition that is a workplace hazard.

Any employee with HIV, Hepatitis, or Ringworm, should be weekly tested and sent home if they are positive.

Just following the logic.

[Jim Noble]

It’s just a prediction.

I wouldn’t risk a nickel on it.

[Cboldt]

-- IOW, all communicable disease issues are in OSHA scope. --

All of them that OSHA chooses to pick up. So far it has selected only one.

[Frank Drebin]

"Any employee with HIV, Hepatitis, or Ringworm, should be weekly tested and sent home if they are positive"

Absolutely, and I believe that is the point Thomas was making earlier.

[New Perspective]

Can I become un-vaccinated?

No?

In their eyes you can- You didn't get booster #(Name It)

[Cboldt]

Mandatory nit checks at the start of each shift.

[Antoninus]

I think 6-3 uphold. Alito, Thomas, Gorsuch against.

Sadly, I agree. These black-robed Solons are giddy with the notion that they have the power over life and death of 350 million people.

[Mygirlsmom]

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.

Mine is doing one better. They are not paying for testing, and it must be done outside of work - home tests are not valid...it must be an "Approved test site" (which are currently three days out on appointments pre-mandate). You cannot work without a negative test, nor can you use PTO for the mandatory 5-plus days quarantine if positive.

My job can be performed remotedly, but their opinion is "it's not fair" to others in the company who must be present to do theirs.

Even though I have received very generous pay increases over the past three years, I am very seriously contemplating telling them to stuff it and taking a lower paying job where I can work in peace.

[RasterMaster]

Welcome to Gattica!

https://youtu.be/W_KruQhfvW4

[Frank Drebin]

"Sadly, I agree. These black-robed Solons are giddy with the notion that they have the power over life and death of 350 million people."

They are not that ignorant of history. Such power, even if gained, is never held for long. Human history is littered with would-be tyrants and the ruins of their empires.

[Antoninus]

Solicitor: Only way to protect against transmitting the virus.

Only someone profoundly ignorant of what's going on could make and accept such a statement. We have over 60% of the population jabbed and the spread is worse than it's ever been this winter. The jab does nothing to stop the spread of the virus.