Posted on 01/14/2022 7:58:17 AM PST by SeekAndFind
The Supreme Court on Thursday blocked the Biden administration’s vaccine-or-test mandate for large private employers but temporarily allowed a separate vaccine requirement for healthcare workers to take effect while challenges continue in lower courts.
In Biden v. Missouri, which concerns a vaccine mandate for healthcare employees at Medicare and Medicaid-certified facilities, the justices were split 5-4.
The Department of Health and Human Services issued the rule, which applies to more than 10 million workers, in November, but two federal district courts – in Missouri and Louisiana – put the rule on hold in roughly half the states.
In an unsigned opinion, the court emphasized that a key responsibility of the Department of Health and Human Services is “to ensure that the healthcare providers who care for Medicare and Medicaid patients protect their patients’ health and safety.” To do so, HHS has long required those providers to comply with a variety of conditions if they want to receive Medicare and Medicaid funding. Because COVID-19 “is a highly contagious, dangerous, and — especially for Medicare and Medicaid patients — deadly disease,” HHS determined that a vaccine mandate was necessary to protect patients because it would decrease the chances that health care workers would both contract the virus and pass it on to their patients. Such a mandate, the court wrote, “fits neatly within” the power given to HHS by Congress. (SCOTUSblog).
Justices Clarence Thomas filed a dissenting opinion, which was joined by Samuel Alito, Neil Gorsuch, and Amy Coney Barrett.
Below are some of the most important quotes from that opinion.
1. "Here, the omnibus rule compels millions of healthcare workers to undergo an unwanted medical procedure that 'cannot be removed at the end of the shift,' In re MCP No. 165, 20 F. 4th 264, 268 (CA6 2021) (Sutton, C. J., dissenting from denial of initial hearing en banc)."
2. "The Government has not made a strong showing that this agglomeration of statutes authorizes any such rule. To start, 5 of the 15 facility-specific statutes do not authorize CMS to impose 'health and safety' regulations at all. [...] These provisions cannot support an argument based on statutory text they lack. Perhaps that is why the Government only weakly defends them as a basis for its authority."
3. . "[T]he Government proposes to find virtually unlimited vaccination power, over millions of healthcare workers, in definitional provisions, a saving clause, and a provision regarding long-term care facilities’ sanitation procedures. The Government has not explained why Congress would have used these ancillary provisions to house what can only be characterized as a 'fundamental detail' of the statutory scheme. Had Congress wanted to grant CMS power to impose a vaccine mandate across all facility types, it would have done what it has done elsewhere—specifically authorize one."
4. . "If Congress had wanted to grant CMS authority to impose a nationwide vaccine mandate, and consequently alter the state-federal balance, it would have said so clearly. It did not."
5. "These cases are not about the efficacy or importance of COVID–19 vaccines. They are only about whether CMS has the statutory authority to force healthcare workers, by coercing their employers, to undergo a medical procedure they do not want and cannot undo. Because the Government has not made a strong showing that Congress gave CMS that broad authority, I would deny the stays pending appeal. I respectfully dissent."
Sadly, five justices believe Americans should be ruled by “penumbras and emanations.”
God bless Justice Thomas.
I love Justice Thomas who is more faithful than even Scalia was to the Constitution as written and originally understood and intended. THAT IS the job of the Supreme Court, but few do it.
Thomas is a shining example of upholding the Constitution, only legal document of freedom against the tyranny of the feds.
Seems to me it is unconstitutional because the government would be able to justify abrogating your constitutional rights simply because the federal government provided some funding to your employer.
That is a darn thin standard. We surely have some weak weenies on the SC. Kavanaugh is a huge disappointment.
God bless AND KEEP Justice Thomas.
The final nails in the coffins of US Military and US Healthcare System.
He says he respectfully dissented. ...thinking he is showing respect where none is due.
1. The OSHA mandate was overturned because it was correctly determined to be an abuse of the Federal government's power as a regulatory body (through OSHA).
2. The CMS mandate was upheld because it wasn't really a case about government power as a regulatory body. Instead, it involved the Federal government's role as the "customer/client" in a relationship with health care facilities (through Medicare and Medicaid).
The difference may seem subtle, but from a legal standpoint it is huge. The Supreme Court basically determined (and they are on fairly strong legal ground here) that the CMS case was ultimately about contract law, not constitutional law.
Something else to keep in mind here is that in both cases, the legal challenges were based on constitutional questions related to the EMPLOYERS, not the EMPLOYEES. What this means is that the whole issue of vaccine mandates is not about the rights of employees (that would be a separate legal challenge), but about the limitations of government power over private-sector employers.
Justice C. Thomas:
“Had Congress wanted to grant CMS power to impose a vaccine mandate across all facility types, it would have done what it has done elsewhere—specifically authorize one.”
Read Raich and Scalia’s sell-out on the Commerce Clause. He gave full-throated endorsement to Wickard. He even went a step further -
“Where necessary to make a regulation of interstate commerce effective, Congress may regulate even those intrastate activities that do not themselves substantially affect interstate commerce.”
https://www.law.cornell.edu/supct/html/03-1454.ZC.html
It is going to be a VERY SAD DAY when we lose Thomas I pray for the health of this man everyday!!! Rehnquist was a DEEP loss!!!
They are just waiting for when the Chinese take us over. We won’t need a Supreme Court then- and those five will be first in line trying to save themselves by showing how supportive of the Communist way they are.
Not so sadly, we all were warned about Kavanaugh.
Kavanaugh is positioning himself to take over the "swing vote" mantle from Roberts when Roberts retires.
Brett has been emasculated. He is NOT a defender of freedom.
Bound by government purse strings. Never heard specifics on companies w/ government contracts (mine is one) but how would that differ?
What about “equal protection” when comparing CMS workers and private company employees?
"Equal protection" has never applied to workplaces.
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