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 ...
It’s cute that Alan thinks this stuff matters.
Don’t worry, the Republicans will fix this....I’m sure they are working on it.... /s
Yep, we don’t work that way any more. Alan needs to get with the program.
Alan is quickly becoming the Dick Morris of legal analyists.
LOL. Yeah, it is. And he's also one who thinks the government and law are The Almighty Himself.
So, vaccine mandates are part of "regulate commerce among the several states" I suppose.
There is ZERO justification for forcing anyone to get these "vaccines", under any circumstances. Whether the mandate comes from the Creepy Gas-Passer-in-Chief, or from the criminals in Congress, doesn't change that fact.
First...I doubt that it happened...maybe a few.
Second....WE are NOT in the military. Like duh....
Whatever AD says, I have to take with a grain of salt. If he hasn’t stated over and over again that he loves Hillary and voted for her I might pay more attention.
If his work with Lindell is effective, then I’m on his side on that issue, and some other Constitutional issues. But Hillary ... uh uh.
Don’t worry, the Republicans will fix this....I’m sure they are working on it.... /s
*************
Rest assured...right before the next election they will have plans aplenty to fix the mess. We’ll be deluged with their outrage over the state of affairs. And the moment the election is over they will fall silent.
Rinse and repeat.
The GOP is a fake party.
How about, my body, my choice.
it would still be unConstitutional
Exactly! Not even Congress can command me to take an experimental drug that has the ability to alter my DNA. There is such a thing as ‘inalienable rights’.
We are now in the age of the imperial presidency. Presidents can do pretty much whatever they want, including starting major a war on their own. (Yes, LBJ and George W. Bush, I’m talking about you two.)
I don’t see this changing any time soon.
That old yellowed piece of parchment called the Constitution doesn’t play well Alan. “No shirt, no shoes, no service” signs carry more weight.
DING DING DING!!!!
Has to be a law... not a fiat.
Nice thought, but not actually the correct argument.
I have never delegated my rights with respect to compelled medicine to the State.
Neither is a religious exemption required.
These are my rights as a free man.
You can't have it both ways, and unfortunately there is a very good chance SCOTUS will uphold the vaccine mandate based on the premise that Congress ceded most of its lawmaking powers over to agencies in the Executive branch.
If they ruled otherwise, it would establish a serious legal challenge to the authority of OSHA, the EPA, ATF, IRS, etc.
Dr Walter Williams used to say “I own my body”. It is not government’s place to tell me what I must put in it.
I disagree. There is no Constitutional clause that enumerates the power of vaccine mandates to any branch of the federal government. As such, that power, via the 10th amendment is reserved for the States.
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