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Alan Dershowitz to Newsmax: Vaccine Mandates Must Come From Congress
NEWSMAX ^ | November 08, 2021 | Sandy Fitzgerald

Posted on 11/09/2021 5:54:39 AM PST by UMCRevMom@aol.com

COVID-19 vaccine mandates are too serious an issue for President Joe Biden to take on alone through an executive order, so the courts may reject them unless they're backed by federal legislative authority, Harvard Law professor emeritus Alan Dershowitz said in a panel discussion.

"I think there are serious constitutional and statutory issues but particularly as to the right of the president," Dershowitz, who appeared with legal experts Victoria Toensing, the former chief counsel of the Senate Intelligence Committee, and with former U.S. Attorney Joe diGenova." "I don't know of any case where so serious a mandate has been imposed only by the president, under a vague OSHA (Occupational Safety and Health Administration) statute."

Under the rule enacted last week, tens of millions of Americans who work at companies with 100 or more employees will need to be vaccinated against COVID-19 by Jan. 4 or get tested for the virus weekly. OSHA said companies that don't comply could face penalties of nearly $14,000 per violation.

"I do think that a proper case that came before the Supreme Court was a case where the legislature approved it, where it was signed into law where there was a real emergency and where the compelling case of scientific efficacy has been made," Dershowitz added.

Meanwhile, the Supreme Court might uphold mandates that have some exemptions, but the current rules came too quickly and involved only Biden's order, said Dershowitz.

The Biden administration, however, is "perfectly happy to push the edges of the law over the limits in order to accomplish what they want to do," said diGenova. "I think in this area of public health, however, I just think that there needs to be federal legislation, which I think is unlikely to happen, so it's going to make it to the Supreme Court."

(Excerpt) Read more at newsmax.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; News/Current Events
KEYWORDS: dershowitz; vaccines
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To: taxcontrol

I agree...with your disagreement...


21 posted on 11/09/2021 6:20:38 AM PST by Magnum44 (...against all enemies, foreign and domestic...)
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To: UMCRevMom@aol.com

Others don’t care where it eminates from Al. Still NO.


22 posted on 11/09/2021 6:31:44 AM PST by rktman (Destroy America from within? Check! WTH? Enlisted USN 1967 to end up with this? 😕)
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To: UMCRevMom@aol.com

The mandate looks and smells like a deep state move. And, we’re looking to deep stater magnificanto John Roberts? Heaven help us...


23 posted on 11/09/2021 6:34:03 AM PST by Sir Bangaz Cracka (Slamming dat white cracka'a head into dat sidewalk causin he be scared)
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To: xenia

Vax and booster every child and relative of Congress before any vote is allowed.


24 posted on 11/09/2021 6:35:45 AM PST by cnsmom
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To: Leaning Right

Neither LBJ nor Bush started any wars on their own. The Gulf of Tonkin resolution allowed Johnson to send combat troops to Vietnam. The Authorization for Use of Military Force of 2001 preceded operations in Afghanistan. The Authorization for Use of Military Force Against Iraq Resolution of 2002 gave Bush the green light to invade Iraq.


25 posted on 11/09/2021 6:38:38 AM PST by SoCal Pubbie
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To: UMCRevMom@aol.com

Mandates can only come from the State & Local level. The 10th Amendment is a pesky thing, and Dershowitz should know that.

Other than that probably the employer can issue mandates depending on individual state employment laws, union contracts and individual terms of employment.


26 posted on 11/09/2021 6:44:24 AM PST by Tallguy
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To: SoCal Pubbie

Yes, resolutions are what gave LBJ and George W. Bush cover to start their wars. But that’s entirely unconstitutional. You wan to start a war, you go before Congress and ask for a declaration of war.

Congress gets a big share of the blame here. Instead of following the Constitution, they avoid taking responsibility. So they pass a resolution, and then let the president-king call all the shots.


27 posted on 11/09/2021 6:46:25 AM PST by Leaning Right (The steal is real.)
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To: UMCRevMom@aol.com

And then vetted by the SCOTUS.


28 posted on 11/09/2021 6:59:18 AM PST by Harpotoo (Being a socialist is a lot easier than having to WORK like the rest of US:-))
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To: UMCRevMom@aol.com

Meanwhile in our insane Covid world:

Internal Report: More Than HALF Of Border Patrol Agents May Be FIRED For Being Unvaccinated!

Former chief operating officer of CBP, Mark Morgan:

If the 10,000 or so border patrol agents who have yet to register their vaccination status do not do so this week, they will be offered counseling, then suspension, then termination, Morgan further noted, emphasising how the document “illustrates the potential impact that this mandate could have on the workforce.”

“So, an agency that is dealing with 1.7 million apprehensions, 400,000 got-aways, at that very moment, the same resources are going to be pulled away and distracted to deal with this mandate nonsense,” Morgan urged, adding that the counseling involves further “critical resources,” because border patrol leadership is involved.

“It’s a cumbersome process and it’s an unneeded unnecessary distraction while they’re overwhelmed and our border is out of control,” Morgan continued, adding “An illegal immigrant doesn’t get the vaccine and they’re released. A border patrol agent doesn’t get the vaccine and they’re removed.

“On what planet does that make sense?”

Excerpted: https://freerepublic.com/focus/f-news/4011149/posts

https://summit.news/2021/11/09/internal-report-more-than-half-of-border-patrol-agents-may-be-fired-for-being-unvaccinated/


29 posted on 11/09/2021 7:10:37 AM PST by Grampa Dave (Ramp it up!: Reclaim America Movement Party! (RAMP!!!!!)
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To: UMCRevMom@aol.com

30 posted on 11/09/2021 7:12:38 AM PST by McGruff
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To: UMCRevMom@aol.com

They need to mandate Ivermectin and HCQ,,,,pandemic over. Both of these drugs have been used on people for over 50 years without side effects.


31 posted on 11/09/2021 7:25:17 AM PST by chopperk
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To: UMCRevMom@aol.com

I am starting to learn the high leg kick stomp march popular in Dictatorships.


32 posted on 11/09/2021 7:30:19 AM PST by pas
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To: MayflowerMadam

The fact that he raped 16 year olds multiple times doesn’t seem to bother conservatives. Michael Jackson fans also don’t let underage sex abuse stop their promoting him, either.


33 posted on 11/09/2021 7:33:34 AM PST by Yaelle
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To: UMCRevMom@aol.com

ML/NJ to Dr. Dershowitz:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.


34 posted on 11/09/2021 7:33:51 AM PST by ml/nj ("If the Representatives of the People betray their Constituents ..." Federalist #28; READ IT!)
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To: UMCRevMom@aol.com

Congress has no authority to mandate vaccines. 13th Amendment.


35 posted on 11/09/2021 7:35:06 AM PST by CodeToad (Arm up! They Have!)
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To: UMCRevMom@aol.com

Congress has no authority to mandate vaccines. 13th Amendment.


36 posted on 11/09/2021 7:35:07 AM PST by CodeToad (Arm up! They Have!)
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To: UMCRevMom@aol.com

If there are constitutional issues then an amendment is needed. So, simply saying “Congress must act” is stupidly simplistic.


37 posted on 11/09/2021 8:23:00 AM PST by bobbo666 (Baizuo)
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To: UMCRevMom@aol.com

Bet the democrats will say the Jan6 mob stole the constitution and they are going to rewrite a new one (their way).


38 posted on 11/09/2021 8:33:39 AM PST by Vaduz (women and children to be impacIQ of chimpsted the most.)
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To: UMCRevMom@aol.com

No even Congress does not have that authority.


39 posted on 11/09/2021 9:10:49 AM PST by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped)
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To: UMCRevMom@aol.com

any ‘vaccine’ mandate is invalid, even if it comes from congress.


40 posted on 11/09/2021 9:52:12 AM PST by zeugma (Stop deluding yourself that America is still a free country.)
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