High Noon at High Court for Vax Mandate

[Hoodat]

How do employers and employees then fight back?  They have no redress??

Their redress is to cut back the size of government.  When you allow government to grow so big by amassing tens of trillions in debt in order to buy its way into every aspect of American life, then don't be surprised to find that government has attached strings to that money.

Cut off the money, and you cut off government's ability to dictate how we live our lives.

[Kamaji]

Their redress is to cut back the size of government.  When you allow government to grow so big by amassing tens of trillions in debt in order to buy its way into every aspect of American life, then don't be surprised to find that government has attached strings to that money.

Cut off the money, and you cut off government's ability to dictate how we live our lives.

Vote like you’re the third monkey on the ramp of Noah’s ark, and baby, it’s beginning to rain. 

[Kamaji]

White House Spokesperson Jennifer Psaki said the Biden administration would “not be deterred” by the Supreme Court decision, and all employers should immediately continue to “initiate vaccination requirements.”

https://theconservativetreehouse.com/blog/2022/01/13/white-house-calls-on-businesses-to-ignore-supreme-court-decision-on-vaccination-and-force-the-vaccine-mandate-regardless-of-constitutional-merit/

Fascism.

[Right_in_Virginia]

Kurt Schlichter
@KurtSchlichter

No more Federalist Society judges. I want conservatives who will vote conservative every single time.

11:53 AM · Jan 13, 2022

[Bigun]

Decision Here:

https://www.supremecourt.gov/opinions/21pdf/21a244_hgci.pdf


@Bigun

I read it @Right_in_Virginia Thanks!  I agree with the dissenters.

[Right_in_Virginia]

 

They always push to the extremes, then let the judiciary moderate the policy, even strike parts down, to satisfy the malcontents, but they’ve still moved the window 5 points to the left, they’ve successfully imposed on 10 million but you’re happy that it’s not 100 million.— Dr. Benjamin Braddock (@GraduatedBen) January 13, 2022

[Bigun]

No more from elite Northeastern schools of law period!

[catfish1957]

Fascism.

Defiance of a high court decision.  More than facism....  Outright breaking of the law.

[Hoodat]

See link below and start on page ten:

https://www.supremecourt.gov/opinions/21pdf/21a240_d18e.pdf

If I am reading this correctly, the decision today does not settle this case.  The decision today only affects the status of the injunction against the rule until after the cases are settled in the corresponding appellate courts.

The District Court for the Eastern District of Missouri’s November 29, 2021, order granting a preliminary injunction is stayed pending disposition of the Government’s appeal in the United States Court of Appeals for the Eighth Circuit and the disposition of the Government’s petition for a writ of certiorari, if such writ is timely sought.  .  .  .

The District Court for the Western District of Louisiana’s November 30, 2021, order granting a preliminary injunction is stayed pending disposition of the Government’s appeal in the United States Court of Appeals for the Fifth Circuit and the disposition of the Government’s petition for a writ of certiorari, if such writ is timely sought.  .  .
 .

If the Fifth and Eighth Appellate Courts uphold the corresponding Circuit court decisions, then the stay is reinstated pending an appeal to SCOTUS.

[Kamaji]

If I am reading this correctly, the decision today does not settle this case.  The decision today only affects the status of the injunction against the rule until after the cases are settled in the corresponding appellate courts.

If the Fifth and Eighth Appellate Courts uphold the corresponding Circuit court decisions, then the stay is reinstated pending an appeal to SCOTUS.

Both decisions were technically about the various stays, and not a final decision on the substantive merits.  That being said, each opinion is a fairly good indicator of how a final decision will go. 

[Hoodat]

Vote like you’re the third monkey on the ramp of Noah’s ark, and baby, it’s beginning to rain.

And run the Fed the same as you would a check cashing place in the 'hood.

[Free Vulcan]

He can do that all he wants..SCOTUS said he has no authority so it boils down to an employer's decision not the federal government...and I am betting someone will eventually sue their employer now if they mandate wearing a mask at work...

I worry about the under-the-table Federal leverage and arm twisting game though.

[mystery-ak]

Hot Takes: Vaccine Authoritarians Cry All Over Social Media After Supreme Court Slaps Down Biden’s Mandate
By Jeff Charles | Jan 13, 2022 6:45 PM ET

I know we’re not supposed to take pleasure in other people’s pain, but it is more than a little tempting to engage in a bit of schadenfreude at those caterwauling about the Supreme Court’s decision to strike down President Joe Biden’s vaccine mandate. High-profile leftists had been salivating like Pavlov’s pups at the thought of coercing the unwashed unvaccinated into letting a nurse give them the needle. But, thanks to the highest court in the land, they were unable to exercise their authoritarian streak and they are none too happy about it.

On social media, there was much wailing and gnashing of teeth coming from progressive types who were utterly disappointed at the court’s decision. Several renewed calls to pack the Supreme Court in the Democrats’ favor. It seems they believe elections should only have consequences if it benefits them, doesn’t it?

more
https://redstate.com/jeffc/2022/01/13/hot-takes-vaccine-authoritarians-cry-all-over-social-media-after-supreme-court-slaps-down-bidens-mandate-n506300

[mystery-ak]

Glorious: SCOTUS Spanked Ron Klain Today, Too

The Supreme Court came in today with a decision blocking the Biden administration’s OSHA mandate on private businesses with 100 or more employees requiring that employees be vaccinated or tested weekly. The Court ruled they didn’t have the unilateral power to impose such a mandate. The Court did, however, allow a vaccine mandate for workers at federally funded health care facilities to take effect nationwide.

Not only did the Court soundly reject Joe Biden in the effort to impose his will on private businesses, Justice Neil Gorsuch also reserved a few words for White House Chief of Staff Ron Klain.

When the Biden team initially announced this idea of the OSHA mandate back in September, MSNBC’s Stephanie Ruhle took note suggesting how clever it was that they found the “ultimate work-around” to imposing a national mandate. Klain then retweeted it.

excerpt:

Pro-tip to Ron Klain? When you brag about how clever you are on Twitter while revealing your unconstitutional intention, it just may come back to bite you in the butt, and it did big time.

Ron Klain is not reacting well in response. Someone should tell him to step away from Twitter before he gets Biden into more trouble.

more
https://redstate.com/nick-arama/2022/01/13/glorious-scotus-spanked-ron-klain-today-too-n506254

[mystery-ak]

The Real Chief Justice Clarence Thomas, Justice Alito Issue Blistering Dissents in SCOTUS Vaccine Mandate Ruling

The “real” Chief Justice of the Supreme Court Clarence Thomas, in opposition to the majority ruling sided by left-leaning weathervane Justice Roberts, has issued a blistering dissent over the court’s decision to allow the Biden administration’s vaccine mandate for federally funded medical facilities and their workers to proceed.


“Justice Thomas, with whom Justice Alito, Justice Gorsuch, and Justice Barrett join, dissenting,” Thomas’s opinion states, before providing a brief background to the case. “Two months ago, the Department of Health and Human Services (HHS), acting through the Centers for Medicare and Medicaid Services (CMS), issued an omnibus rule mandating that medical facilities nationwide order their employees, volunteers, contractors, and other workers to receive a COVID–19 vaccine. Covered employers must fire noncompliant workers or risk fines and termination of their Medicare and Medicaid provider agreements.”

more
https://trendingpolitics.com/the-real-chief-justice-clarence-thomas-justice-alito-issue-blistering-dissents-in-scotus-vaccine-mandate-ruling-knab/

[SZonian]

Hot Takes: Vaccine Authoritarians Cry All Over Social Media After Supreme Court Slaps Down Biden’s Mandate
By Jeff Charles | Jan 13, 2022 6:45 PM ET

I know we’re not supposed to take pleasure in other people’s pain, but it is more than a little tempting to engage in a bit of schadenfreude at those caterwauling about the Supreme Court’s decision to strike down President Joe Biden’s vaccine mandate. High-profile leftists had been salivating like Pavlov’s pups at the thought of coercing the unwashed unvaccinated into letting a nurse give them the needle. But, thanks to the highest court in the land, they were unable to exercise their authoritarian streak and they are none too happy about it.

On social media, there was much wailing and gnashing of teeth coming from progressive types who were utterly disappointed at the court’s decision. Several renewed calls to pack the Supreme Court in the Democrats’ favor. It seems they believe elections should only have consequences if it benefits them, doesn’t it?

more
https://redstate.com/jeffc/2022/01/13/hot-takes-vaccine-authoritarians-cry-all-over-social-media-after-supreme-court-slaps-down-bidens-mandate-n506300

I am personally elated at the decision, but must temper that in the workplace because I know many co-workers who believed like me, but felt coerced into getting the jab and did so, unlike me.  I took the position of wait and see, the "long game" and am still not jabbed. 

Now I wait to see if my company will honor the SC's verdict (as they proposed since they stopped implementation of the mandate until then) and allow us to make our own decisions.  My company is enforcing the LA County mandate of surgical/N95 masks vs. cloth or other types, but they'll at least be providing them.  I can live with that, have been for almost 2 years now...sheesh, 2 freakin' years this has been going on.

[Right_in_Virginia]

The Columbia Bugle
@ColumbiaBugle

Biden’s tyrannical mandate on American healthcare workers remains in effect. This CMS mandate will terminate the jobs of thousands of doctors and nurses over their vaccination status, even though many worked all through 2020 and 2021.

This mandate is wrong. Congress must end it.

4:11 PM · Jan 13, 2022·Twitter for iPhone

[libertybele]

I am personally elated at the decision, but must temper that in the workplace because I know many co-workers who believed like me, but felt coerced into getting the jab and did so, unlike me.  I took the position of wait and see, the "long game" and am still not jabbed. 

Now I wait to see if my company will honor the SC's verdict (as they proposed since they stopped implementation of the mandate until then) and allow us to make our own decisions.  My company is enforcing the LA County mandate of surgical/N95 masks vs. cloth or other types, but they'll at least be providing them.  I can live with that, have been for almost 2 years now...sheesh, 2 freakin' years this has been going on.

Keep us posted ... I'm hoping that your company doesn't go along with Joe and ignore the SCOTUS ruling.

[Right_in_Virginia]

Keep us posted ... I'm hoping that your company doesn't go along with Joe and ignore the SCOTUS ruling.

The SCOTUS ruling did not say no one can impose a mandate on business workers --- only that OSHA can't be used to do it; except, of course, if you're a federal healthcare worker.

[Kamaji]

The SCOTUS ruling did not say no one can impose a mandate on business workers --- only that OSHA can't be used to do it; except, of course, if you're a federal healthcare worker.

The healthcare worker mandate wasn't through OSHA, it was through medicare/medicaid.

[Bigun]

5 Important Quotes from Justice Thomas's Dissent in Biden v. Missouri
Leah Barkoukis | Posted: Jan 14, 2022



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.

--snipped--

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."



-- excerpt, rest at link above --

[Hoodat]

In Biden v. Missouri, which concerns a vaccine mandate for healthcare employees at Medicare and Medicaid-certified facilities . . .

It isn't a vaccine.

[Bigun]

It isn't a vaccine.

  I know!

[Smokin Joe]

Exactly, every Dept, agency and commission that ever existed was established first by congress.  Hence that delegation.

Where does congress get that power? My argument is succinct. If they had to have a Constitutional Amendment to ban Alcohol Consumption, it could not be constitutionally achieved by statute. Why not? Nowhere in the Constitution is the Federal Government given the power over what people do or do not consume.
When the Amendment that gave them that power (prohibition) was repealed, so was the power.

[Hoodat]

Where does congress get that power?

From the Fourth branch of government.