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 ...
I agree...with your disagreement...
Others don’t care where it eminates from Al. Still NO.
The mandate looks and smells like a deep state move. And, we’re looking to deep stater magnificanto John Roberts? Heaven help us...
Vax and booster every child and relative of Congress before any vote is allowed.
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.
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.
Yes, resolutions are what gave LBJ and George W. Bush cover to start their wars. But thatâs 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.
And then vetted by the SCOTUS.
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 âillustrates the potential impact that this mandate could have on the workforce.â
âSo, 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,â Morgan urged, adding that the counseling involves further âcritical resources,â because border patrol leadership is involved.
âItâs a cumbersome process and itâs an unneeded unnecessary distraction while theyâre overwhelmed and our border is out of control,â Morgan continued, adding âAn illegal immigrant doesnât get the vaccine and theyâre released. A border patrol agent doesnât get the vaccine and theyâre removed.
âOn what planet does that make sense?â
Excerpted: https://freerepublic.com/focus/f-news/4011149/posts
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.
I am starting to learn the high leg kick stomp march popular in Dictatorships.
The fact that he raped 16 year olds multiple times doesnât seem to bother conservatives. Michael Jackson fans also donât let underage sex abuse stop their promoting him, either.
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.
Congress has no authority to mandate vaccines. 13th Amendment.
Congress has no authority to mandate vaccines. 13th Amendment.
If there are constitutional issues then an amendment is needed. So, simply saying “Congress must act” is stupidly simplistic.
Bet the democrats will say the Jan6 mob stole the constitution and they are going to rewrite a new one (their way).
No even Congress does not have that authority.
any ‘vaccine’ mandate is invalid, even if it comes from congress.
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