High Noon at High Court for Vax Mandate

[mystery-ak]

Fact Check: Justice Sotomayor Claims Omicron ‘Just as Deadly for the Unvaccinated’ as Delta

While the omicron variant of coronavirus is highly infectious, Sotomayor was wrong: deaths and hospitalizations have been less frequent than for delta.
https://www.breitbart.com/health/2022/01/07/fact-check-justice-sotomayor-claims-omicron-just-as-deadly-for-the-unvaccinated-as-delta/


She's a f'king idiot!

[Smokin Joe]

Issue 1: Does OSHA have the authority to make such a mandate?

Issue 2: Unlike other PPE, an injection permanently alters a person's biology, or at least that is the intent.
             It cannot be removed at the end of the work day. Considering there is a liability waiver for the manufacturer,                                                                                                   
             That permanent alteration cannot be addressed in civil court if the results are harmful.

Issue 3:  Allowance for religious or other (medical) objections is not being made in some workplaces.

Issue 4:  The testing/mask option may not be available in some workplaces because of other OSHA regulations: In my workplace all outerwear is required to meet NFPA 2112 Flame Resistance protocols. To my knowledge, there are no masks which comply with NFPA 2112. Because the confluence of these regulations would offer no choice but to be injected or lose my job, I would suffer loss of employment by decree, regardless of competence, should I have a religious or medical objection to taking the shots.

[Hoodat]

Amendment III

No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.


If they are not allowed to quarter troops in my house, then they aren't allowed to quarter an experimental drug in my body.

[mystery-ak]

Left-Wing SCOTUS Justices Spew COVID Misinformation To Defend Biden’s Unconstitutional Vaxx Mandate
By: Jordan Boyd
January 07, 2022

SCOTUS liberals lied that ‘hospitals are almost all full capacity’ and that more than 100,000 kids are hospitalized on ventilators with COVID.

more
https://thefederalist.com/2022/01/07/left-wing-scotus-justices-spew-covid-misinformation-to-defend-bidens-unconstitutional-vaxx-mandate/

[Right_in_Virginia]

They are heading into the weeds...all they should be considering is if it is constitutional for the federal government to issue a vaccine mandate!

I've said thiis for months .... but our side is guilty of bringing the efficacy of the vaccine into play, too.

We should have stuck to the constitutionality and let the other side flounder on the efficacy ----- but we helped give efficacy credence.

[Right_in_Virginia]

Robert Barnes
@scotusreporter

Breyer:  Are you really asking #scotus to stop workplace vaccine or test requirement while covid cases increase each day? "I would find that unbelievable."

10:19 AM · Jan 7, 2022·Twitter Web App

[Right_in_Virginia]

Clarence Scalia
@ScaliaClarence

SCOTUS is not to determine whether a policy is good or bad, appropriate or not. They are to decide if the Constitution has granted the government the power it required to carry out a law. Breyer should know better.

10:24 AM · Jan 7, 2022·Twitter Web App

[Right_in_Virginia]

Robert Barnes
@scotusreporter

Barrett suggests OSHA rule too broad, should be more targeted at specific industries

10:40 AM · Jan 7, 2022·Twitter Web App

[Right_in_Virginia]

Mark Sherman
@shermancourt

At arguments Friday over vaccine rules, 7 of 9 #SCOITUS justices wore masks at arguments for 1st time, reflection of the omicron surge. Only Gorsuch was unmasked, and Sotomayor took part from her office at the court.

1:14 PM · Jan 7, 2022·TweetDeck

[Right_in_Virginia]

Robert Barnes play by play replay.....


https://youtu.be/qsavJ10pKS0

[Bigun]

Clarence Scalia
@ScaliaClarence

SCOTUS is not to determine whether a policy is good or bad, appropriate or not. They are to decide if the Constitution has granted the government the power it required to carry out a law. Breyer should know better.

10:24 AM · Jan 7, 2022·Twitter Web App

  

[mountaineer]

Daniel Kotzin
@danielkotzin
Sonia Sotomayor was too scared of covid to attend today’s closely-watched oral arguments at the Supreme Court. She participated remotely, despite the fact that she is boosted, as are all of the Justices.

[Right_in_Virginia]

Katie Pavlich
@KatiePavlich

Many Supreme Court Justices have falsely stated today that the Wuhan coronavirus vaccine “prevents disease” and transmission in the work place. This is absolutely false and highly alarming they’re using that point as fact to make their decision.

[Right_in_Virginia]

Election Wizard
@ElectionWiz

Justice Alito suggests OSHA is trying to “Squeeze an elephant into a mousehole” by trying to use a general law passed many years ago as the legal basis for the mandate.
__________________________________________________________

Quote Tweet

Election Wizard
@ElectionWiz

Justice Thomas: Is a vax the only way to treat Covid? twitter.com/ElectionWiz/st…

[mountaineer]

Michael P Senger
@MichaelPSenger

A partial list of COVID misinformation repeated by the US Supreme Court so far today:

•100,000 children in critical care and on ventilators (Sotomayor)
•Vaccine mandate would prevent 100% of US cases (Breyer)
•COVID deaths are at an all-time high (Sotomayor)
•It’s “beyond settled” that vaccines and masks are best way to stop the spread (Kagan)
•COVID vaccines stop transmission (Kagan)
•Federal government can mandate vaccines using its police power (Sotomayor)
•Hospitals are nearing capacity (Sotomayor)
•Omicron is deadlier than Delta (Sotomayor)
•Hospitals are full of unvaccinated people (Breyer)

[mystery-ak]

Michael P Senger
@MichaelPSenger

A partial list of COVID misinformation repeated by the US Supreme Court so far today:

•100,000 children in critical care and on ventilators (Sotomayor)
•Vaccine mandate would prevent 100% of US cases (Breyer)
•COVID deaths are at an all-time high (Sotomayor)
•It’s “beyond settled” that vaccines and masks are best way to stop the spread (Kagan)
•COVID vaccines stop transmission (Kagan)
•Federal government can mandate vaccines using its police power (Sotomayor)
•Hospitals are nearing capacity (Sotomayor)
•Omicron is deadlier than Delta (Sotomayor)
•Hospitals are full of unvaccinated people (Breyer)

shaking my head in disbelief...and this is our SCOTUS..

[Right_in_Virginia]

I doubted Gorsuch the most of the new trifecta ... but he's turning out to be the bright light.

Sean Davis
@seanmdav

Insane that it took over an hour for one person in the court to note that a single unelected federal agency doesn’t have the authority to stick needles in the arms of every person on earth.
________________________________________________________

Quote Tweet

Jonathan Turley
@JonathanTurley

Justice Gorsuch is bringing the oral back to which are the “appropriate parties” for such regulations and whether Congress gave the agency this authority under the “major questions” doctrine.

[sneakypete]

Wow.  Breyer is not only wrong, he's verging on giving judicial imprimatur to fascism.

@Kamaji

Scratch a socialist or a leftist,ANY socialist or leftist,and find a fascist hiding under the skin.

Oftentimes they are so blinded by their dedication "fairness" that they can't see this themselves.

Nonetheless,it is true of all of them.

[Right_in_Virginia]

Katie Pavlich
@KatiePavlich

Many Supreme Court Justices have falsely stated today that the Wuhan coronavirus vaccine “prevents disease” and transmission in the work place. This is absolutely false and highly alarming they’re using that point as fact to make their decision.

[Elderberry]

Court seems poised to block vaccine-or-test policy for workplaces but may allow vaccine mandate for health care workers

SCOTUSblog by Amy Howe

https://www.scotusblog.com/2022/01/court-seems-poised-to-block-vaccine-or-test-policy-for-workplaces-but-may-allow-vaccine-mandate-for-health-care-workers/

The Supreme Court heard oral argument on Friday in two sets of challenges to the Biden administration’s authority to combat the COVID-19 pandemic. For over two hours of debate, the justices were skeptical of the administration’s attempt to impose a vaccine-or-test mandate for workers at large employers. In the second case, which lasted for roughly an hour and a half, the justices were more receptive to the administration’s efforts to impose a vaccine mandate for health care workers at facilities that receive federal funding.

For Justice Elena Kagan, the answer to that question was simple. With the complicated balancing of public health and economic trade-offs, she suggested, administrative agencies, who have expertise in the areas that they regulate and are politically accountable, should make the decision, rather than unelected judges.

But Chief Justice John Roberts saw things differently. He suggested that Congress had not specifically given OSHA the power to enact a vaccine-or-test mandate – and, indeed, OSHA had never mandated vaccines before. It might be more appropriate for individual states to impose such a mandate, or Congress. It’s “hard to argue,” he told U.S. Solicitor General Elizabeth Prelogar, that a law passed by Congress 50 years ago giving OSHA general powers gives the agency “free rein” to issue a policy of this magnitude.

Justice Samuel Alito was also dubious, describing OSHA’s interpretation as “squeezing an elephant into a mousehole.” The vaccine-or-test mandate, he said, is “fundamentally different” from anything that OSHA has done before. Indeed, he noted, most OSHA regulations apply only while workers are on the job, but a vaccination is permanent.

----

The health care vaccine case

Alito was skeptical, asking Fletcher whether the states had clear notice that by taking funds for Medicare and Medicaid they would later be subject to the vaccine requirement, but Roberts appeared to be more convinced. “You signed the contract,” he told Jesus Osete, the Missouri deputy solicitor general representing one set of challengers, and he later reminded Elizabeth Murrill, the solicitor general of Louisiana, that states had agreed to a broad provision that allowed the Department of Health and Human Services to impose requirements for the health and safety of patients.

More at link.

[Right_in_Virginia]

The same leftists on the Supreme Court who say that you have the right to kill an innocent human being while pregnant are the same ones arguing that you don’t have the right to choose if you’re injected with a medicine the government demands you inject into your body. Lunatics.— Robby Starbuck (@robbystarbuck) January 7, 2022

[Right_in_Virginia]

WinningPatriot
@WinningPatriot

From Debra Garrett:

SCOTUS: Unhinged Justice Sotomayor baselessly claims “100,000 children are in the ICU [due to Covid-19],” The current national pediatric COVID census per HHS is 3,342. Many of them being hospitalized with Covid, not because of Covid.

[mystery-ak]

Fact Check: Sotomayor Claims 100,000 Children ‘in Serious Condition,’ on ‘Ventilators’
https://www.breitbart.com/health/2022/01/07/fact-check-sotomayor-claims-100000-children-in-serious-condition-on-ventilators/

Someone needs to ask this idiot where she is getting her information....sheesh!

[Right_in_Virginia]

Catturd ™
@catturd2

Justices Sotomayor and Breyer didn’t have a damn clue what they were talking about today. Lie after lie after lie after lie.

Imagine a decision this big for the entire country and you couldn’t even bother to do a 5 minute Google search - or you’re just too corrupt to care.

Posted on 11:24 AM · Jan 7th, 2022

[Right_in_Virginia]

Supreme Court skeptical of Biden’s workplace vaccine rule

WASHINGTON (AP) — The Supreme Court’s conservative majority appeared skeptical Friday of the Biden administration’s authority to impose a vaccine-or-testing requirement on the nation’s large employers. The court seemed more open to a separate vaccine mandate for most health care workers.

The arguments in the two cases come at a time of spiking coronavirus cases because of the omicron variant, and the decision Friday by seven justices to wear masks for the first time while hearing arguments reflected the new phase of the pandemic.

An eighth justice, Sonia Sotomayor, a diabetic since childhood, didn’t even appear in the courtroom, choosing to remain in her office at the court and take part remotely. Two lawyers, representing Ohio and Louisiana, argued by telephone after recent positive COVID-19 tests, state officials said.

But the COVID circumstances did not appear to outweigh the views of the court’s six conservatives that the administration overstepped its authority in its vaccine-or-testing requirement for businesses with at least 100 employees.

“This is something the federal government has never done before,” Chief Justice John Roberts said, casting doubt on the administration’s argument that a half-century established law, the Occupational Safety and Health Act, confers such broad authority.

Roberts and Justices Brett Kavanaugh and Amy Coney Barrett probably hold the key to the outcome in both cases, as they have been more receptive to state-level vaccine requirements than the other three conservative justices. Barrett and Kavanaugh also had tough questions for Solicitor General Elizabeth Prelogar, the administration’s top Supreme Court lawyer.

Read more......
https://apnews.com/article/coronavirus-pandemic-us-supreme-court-business-health-d96c0c56d5560f89f6bdbb7284480db6

[mystery-ak]

According to CDC data, in the week ending Jan. 1, children under the age of 4 had 4.3 COVID-19 associated hospitalizations per 100,000. Children ages 5 to 17 had only 1.1 hospitalizations per 100,000. Both are well under the rate of 14.7 in adults over 65.

https://thehill.com/policy/healthcare/588768-cdc-director-updates-isolation-guidance-in-effort-to-keep-schools-open

[Hoodat]

•Hospitals are nearing capacity (Sotomayor)

. . . because of a shortage of workers brought on by 'vaccine' [sic] mandates.

[catfish1957]

Left-Wing SCOTUS Justices Spew COVID Misinformation To Defend Biden’s Unconstitutional Vaxx Mandate
By: Jordan Boyd
January 07, 2022

SCOTUS liberals lied that ‘hospitals are almost all full capacity’ and that more than 100,000 kids are hospitalized on ventilators with COVID.

more
https://thefederalist.com/2022/01/07/left-wing-scotus-justices-spew-covid-misinformation-to-defend-bidens-unconstitutional-vaxx-mandate/

This is the best news for stripping the credibility of this SCOTUS turd for a long time.  How can this bitch be a honest unbiased juror, when she so apt at bald face lying.

[Right_in_Virginia]

JUST IN: Two lawyers that argued against Biden's vaccine mandate in front of the Supreme Court have tested positive for COVID.

The irony.— Aaron Parnas (@AaronParnas) January 7, 2022

They’re both triple vaxxed, proving that any mandate would be laughably ineffective and purely draconian. https://t.co/i1Wh2VYZ5Q— Jordan Schachtel @ dossier.substack.com (@JordanSchachtel) January 7, 2022

[Free Vulcan]

The thing that gets me is that while it is definitely unconstitutional, the heart of the issue is whether the Courts want to let the bureaucracy get away with the Cartman defense (respect muh Broaaahhhd Authoritah!), or actually deny them from becoming the Fourth branch of govt.

If the Courts let this crap happen, then there will be little to adjudicate, because all the FedGov has to do is say 'Broad Authority! If anything SCOTUS needs to slap this down out of mere self-preservation.

[Right_in_Virginia]

Fact Check: Justice Sotomayor Claims Omicron ‘Just as Deadly for the Unvaccinated’ as Delta

While the omicron variant of coronavirus is highly infectious, Sotomayor was wrong: deaths and hospitalizations have been less frequent than for delta.
https://www.breitbart.com/health/2022/01/07/fact-check-justice-sotomayor-claims-omicron-just-as-deadly-for-the-unvaccinated-as-delta/


She's a f'king idiot!

She's not an idiot @mystery-ak   .... she's sticking with the administration's narrtive.  This, after all, is her job.

[Right_in_Virginia]

thebradfordfile
@thebradfordfile

When Supreme Court justices start sounding like CNN hosts, you know the country is screwed.

9:20 PM · Jan 7, 2022·TweetDeck

[libertybele]

The thing that gets me is that while it is definitely unconstitutional, the heart of the issue is whether the Courts want to let the bureaucracy get away with the Cartman defense (respect muh Broaaahhhd Authoritah!), or actually deny them from becoming the Fourth branch of govt.

If the Courts let this crap happen, then there will be little to adjudicate, because all the FedGov has to do is say 'Broad Authority! If anything SCOTUS needs to slap this down out of mere self-preservation.

I agree, but I don't see things ending positively; the scales of the justices are weighted liberal.

[Right_in_Virginia]

NEW: The court will release one or more opinions this Thursday.— SCOTUSblog (@SCOTUSblog) January 10, 2022

[Right_in_Virginia]

Emerald Robinson ✝️
@EmeraldRobinson

We are about to find out if Big Pharma owns the Supreme Court too.

Posted on 6:58 AM · Jan 13th, 2022

[Right_in_Virginia]

Just announced:  No SC decision today (Thursday).   

[catfish1957]

Just announced:  No SC decision today (Thursday).   

Any bets on Roberts and his extortable ass involved?

[Smokin Joe]

I doubted Gorsuch the most of the new trifecta ... but he's turning out to be the bright light.

Sean Davis
@seanmdav

Insane that it took over an hour for one person in the court to note that a single unelected federal agency doesn’t have the authority to stick needles in the arms of every person on earth.
________________________________________________________

Quote Tweet

Jonathan Turley
@JonathanTurley

Justice Gorsuch is bringing the oral back to which are the “appropriate parties” for such regulations and whether Congress gave the agency this authority under the “major questions” doctrine.

More to the point, does Congress even have that authority to give?

Recall that Congress needed a Constitutional Amendment to ban consumption of alcoholic beverages, and another to reinstate them, which would indicate that for Congress to have the authority to regulate what humans consume or do not consume is a power not originally granted by the Constitution.

[Smokin Joe]

This is the best news for stripping the credibility of this SCOTUS turd for a long time.  How can this bitch be a honest unbiased juror, when she so apt at bald face lying.

She isn't unbiased.
She has been diabetic since childhood, is doubtless overweight (at least) by BMI, and those are two of the major comorbidities which place a person at risk of death with COVID. Others may apply.

Like much of the population who are living in terror and hanging on every word of COVID agitprop, she is in fear for her life from the bug. Full on raving panic mode--something the press would induce in us all, had that ship not sailed.

In her case, the caution towards the disease may well be justified, but the idea that the injections will stop people from catching or spreading the disease is not supported by the evidence, despite her belief to the contrary.

[Hoodat]

Any bets on Roberts and his extortable ass involved?

I'm sticking with my 6-3 prediction.  The only law in question here is the OSHA law, and there is nothing in it to justify mandatory jabbing.

Still wish though that someone would have put up an Amendment III argument.

[Ghost Bear]

My prediction is that the Court will rule 5-4 for upholding the mandate. The reasoning given will be that the health emergency trumps whatever the law actually says. And America's march to becoming a third-world banana republic will accelerate.

[Hoodat]

My prediction is that the Court will rule 5-4 for upholding the mandate.

Which one are you thinking will defect to the Dark Side?  Kavanaugh, Roberts, or Barrett?

[Ghost Bear]

Which one are you thinking will defect to the Dark Side?  Kavanaugh, Roberts, or Barrett?

Roberts won't have to defect, he is already on the Dark Side. One of the three Trump appointees will join the leftists to make the majority. They may draw lots to pick who has to do it, for all I know.

EDIT: @Hoodat looks like you were right, they just issued a 6-3 ruling allowing the stay against the mandate to stand. Maybe we're not as advanced to banana republic-hood as I thought we were.

[libertybele]

Which one are you thinking will defect to the Dark Side?  Kavanaugh, Roberts, or Barrett?

Roberts for sure, probably all 3.

[Bigun]

https://twitter.com/kevincorke/status/1481710701848768514

[Cyber Liberty]

Splitting the baby.  MFers.

[Hoodat]

I will be stunned to lose Barrett.  But I could fathom losing Kavanaugh.  Roberts is 50-50 at best.

All three asked questions specific to the 1970 law, which cannot be defended.  Roberts is always looking at what Congress did (which in this case has been silence for half a century).  Barrett is weighing the justification for temporary action from a law that does not justify permanent action.  And Kavanaugh is a party partisan who could easily sell out the American people if his Party thought they could derive more power from it.

[Wingnut]

The court was divided in both cases. The court ruled 6-3 with the six conservative justices in the majority and three liberal justices dissenting in blocking the broader workplace ruling. The vote was 5-4 to allow the healthcare worker rule, with two conservatives, Chief Justice John Roberts and Justice Brett Kavanaugh, joining the liberals in the majority.

[Hoodat]

EDIT: @Hoodat looks like you were right, they just issued a 6-3 ruling allowing the stay against the mandate to stand. Maybe we're not as advanced to banana republic-hood as I thought we were.

Pay up, people!!!!   Winner winner, chicken dinner!

[Bigun]

The court was divided in both cases. The court ruled 6-3 with the six conservative justices in the majority and three liberal justices dissenting in blocking the broader workplace ruling. The vote was 5-4 to allow the healthcare worker rule, with two conservatives, Chief Justice John Roberts and Justice Brett Kavanaugh, joining the liberals in the majority.

I can't wait to read the legal reasoning for allowing the healthcare mandate to stand.  IF I can without twisting my mind into a pretzel!