Posted on 01/07/2022 8:54:25 PM PST by SeekAndFind
The Supreme Court heard two emergency challenges Friday to President Joe Biden’s vaccine-or-test mandates for large businesses and healthcare workers, testing the limits of executive power amid a relentless pandemic. The challengers are various religious organizations, private businesses and Republican-led states, which argued Biden has no authority to mandate a vaccine for them.
After hearing the first challenge, which was a private business arguing against Biden’s Occupational Safety and Health Administration vaccine-or-test mandate, the Supreme Court ultimately seemed a bit wary of the mandates.
The justices appeared particularly skeptical about whether Biden, along with OSHA, had the authority to impose such a mandate. Chief Justice John Roberts regularly questioning OSHA’s jurisdiction, timing and authority. Justice Sonia Sotomayor, defending the mandate, made several claims that were false or at least exaggerated.
She said that COVID-19 deaths were at an all-time high and that 100,000 children are hospitalized with the disease. Data supporting these statements is slim, if not nonexistent.
Justice Neil Gorsuch recognized the heart of the issue, which was not the effectiveness of the vaccine but who can require a mandate. “Congress has had a year to act on the question of vaccine mandates,” he said. “Now, the federal government is going agency-to-agency as a workaround to its inability to get Congress to act.”
In the second case, in which Republican-led states argued on behalf of health care workers at facilities that receive federal funding against Biden’s vaccine mandate, the justices and attorneys also spent much of their time arguing about who had authority to implement a vaccine: states or the federal executive branch.
(Excerpt) Read more at star-telegram.com ...
unless someone gets to one of the justices or we have a Pelican moment ...
Scalia ...
The astonishing comments in the arguments came from Justices Sonia Sotomayor and Stephen Breyer.
Their comments were astonishing because they revealed the justices didn’t seem to know or understand basic facts about the virus and vaccines.
Sotomayor said crazy things like there were 100 thousand kids in serious condition from COVID with “many on ventilators,” and that Omicron is as serious as Delta — two demonstrably false things.
Then Breyer decided to keep her company with fantasyland COVID comments. He said 750 million caught COVID yesterday when there are only 330 million Americans in the whole country. Maybe he was referring to the world, but YESTERDAY??
He also indicated he thought all the cases could be stopped by this OSHA mandate — something that, again, is simply not even logical or living in reality.
Fortunately, it sounds like the conservative majority on the Court may have some sense on the matter, even if the liberal wing doesn’t.
They didn’t trip over themselves as Breyer and Sotomayor did. They indicated skepticism as to the “emergency” nature of the OSHA rule and also questioned whether or not Congress had given OSHA such authority. Now, it’s always a good thing to add the proviso that justices’ questions don’t necessarily indicate how they are going to decide. Often, they ask things to rule out positions they’re not inclined toward.
But at least we know they are not as clueless as the liberal wing, and those are reasonable questions to ask.
Man, Sotomayor is unimpressive. A fountain of misinformation. Are the Supremes going to hold up evil mandates as the narrative is losing momentum?
“Brett Kavanaugh raised an interesting point that would support Biden’s mandate, noting that healthcare providers were not “complaining” about the mandate as much as the justices would have assume”
Sounds like the idiot is getting ready to date rape America. If he sees no complaint, he forces us.
I have such low confidence in SCOTUS. Even if they find the right side to decide upon, there will be inklings and rattlings of unconstitutional nature. Of this I have little doubt. They simply are not doing their job.
They think their job is to protect Fedzilla.
And why would Kavenaugh look to healthcare providers for an opinion as to whether or not DC has the power to mandate the shot?
This proves that the idiot is not adjudicating law. He feels like it is his job to set policy.
Worthless still. And to think how much we all went to bat for this fake.
The Supremes could give the decision to the states, allowing the blue states to go full out tyrant.
Only the fired ones, Jack@ss
RE: The Supremes could give the decision to the states, allowing the blue states to go full out tyrant.
I think the Supreme Court is inclined to make such a decision.
Justices John Roberts and Neil Gorsuch have said that states and Congress should lead the effort to combat the pandemic, rather than a federal agency.
Amy Coney Barrett argued the workplace policy was too broad, affecting more than 80 million Americans.
“Justice Brett Kavanaugh raised an interesting point that would support Biden’s mandate, noting that healthcare providers were not “complaining” about the mandate as much as the justices would have assumed.”
I wouldn’t make too much of that, Kavanaugh also made a not so supportive point that the CMS has not mandated flu shots, so why mandate covid shots?
Several facts and data points that should completely obliterate the claims made by OSHA’s attorneys.
First of all, the claim was repeatedly made that this is an unprecedented pandemic which is causing death at much higher rates than virtually anything we’ve faced to-date. Fortunately for us, that’s been refuted many times over.
Let’s forget the fact that countless number of deaths occurred because of a lack of early treatment. Let’s also forget that many people died of other causes, but also tested positive for Covid, which results in a Covid death.
Forgetting those glaring data discrepancies, let’s take a look at the current fatality rate. According to a report by the United Kingdom Health Department, Omicron has a fatality rate of approximately 0.15%. That’s 100 times lower than the fatality rate of the Delta Variant. For comparison, the flu has a fatality rate of 0.15%. Essentially, it’s as deadly as the flu.
Now, Delta was much more deadly, so the rationale that OSHA is making before the Supreme Court is using out-dated data to justify the vax mandates. According to the data, the death rate has dropped so significantly, there should be zero emergency claim for mandating The Jab.
The next reason the Biden Administration’s justification for the vaccine mandates is not valid is the claim that was made repeatedly about how The Jab protects the vaccinated. The lawyers continually stated and implied that the “vaccine” will stop the spread of Covid, keeping the vaccinated from contracting and spreading the virus to others.
Heck, the Lawyers arging against the mandate should point out that Even Fauci is now refuting that claim, as he is calling on even the vaxxed to wear masks indoors to “protect” them from contracting and spreading the virus to others.
We should know by now that the Jab doesn’t stop you from catching Covid. Nor does it stop you from spreading it. It also doesn’t keep you out of the hospital. To claim that this is how we stop Covid in light of the massive spike of Omicron cases among the fully-vaccinated is nothing but ridiculous and a flat-out lie.
I don’t even think congress has the constitutional authority to impose mandates on private companies.
Tyrants in black robes!
I didnt think any of them sounded very bright.
Soto’s a dope. They will fold like they always do because Roberts is compromised by Obama with his illegitimate adoption
RE: I didnt think any of them sounded very bright.
And this should really worry us. These are the folks whose job it is to protect our constitutional rights.
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