SCOTUS rules on vaccine mandates
6-3 against OSHA mandate, with liberals dissenting. 5-4 in favor of CMS mandate, Thomas, Alito, Gorsuch, Barrett, dissenting. (In other words, Roberts and Kavanaugh voted with the liberal bloc on CMS.).
The OSHA mandate is the one for large employers, and the CMS mandate is the one for healthcare workers.
Here are some quotes from the decision on OSHA:
OSHA has never before imposed such a mandate. Nor has Congress. Indeed, although Congress has enacted significant legislation addressing the COVID–19 pandemic, it has declined to enact any measure similar to what OSHA has promulgated here…
Applicants [for blocking the mandate] are likely to succeed on the merits of their claim that the Secretary lacked authority to impose the mandate. Administrative agencies are creatures of statute. They accordingly possess only the authority that Congress has provided. The Secretary has ordered 84 million Americans to either obtain a COVID–19 vaccine or undergo weekly medical testing at their own expense. This is no “everyday exercise of federal power.”
Of course. It’s really quite obvious, and the decision should have been unanimous but of course it’s not because the Court’s liberals would approve virtually anything this administration does.
The decision in favor of the mandate for health care workers is based on the fact that, according to the majority, the government has the right to do it:
Congress has authorized the Secretary to impose conditions on the receipt of Medicaid and Medicare funds that “the Secretary finds necessary in the interest of the health and safety of individuals who are furnished services.” 42 U. S. C. §1395x(e)(9).* COVID–19 is a highly contagious, dangerous, and—especially for Medicare and Medicaid patients—deadly disease. The Secretary of Health and Human Services determined that a COVID–19 vaccine mandate will substantially reduce the likelihood that healthcare workers will contract the virus and transmit it to their patients.
But with Omicron, will a vaccine “substantially reduce the likelihood that healthcare workers will contract the virus and transmit it to their patients”? The evidence mounts that this may not be so, although it appears to be so for earlier variants. I’d like to know when the Secretary of Health and Human Services issued that statement – was it before Omicron came around? And do the SCOTUS justices even know the difference between Omicron and the other variants (Sotomayor seems to know almost next to nothing about COVID, based on her performance during oral arguments, but I’m talking about the others)?
No surprise that Roberts voted with the liberals on that one. Is Kavanaugh a surprise? He’s been a less-than-stalwart conservative, so his vote is not all that much of a surprise either. Both did vote correctly on the first question, however, which was the more egregious overreach by the administration.
The dissent by the four remaining justices on that second question was based on this (note that Amy Coney Barrett sided here with the conservatives):
…[O]ur decision turns primarily on whether the Government can make a “strong showing” that it is likely to succeed on the merits. Nken v. Holder, 556 U. S. 418, 426 (2009). In my view, the Government has not made such a showing here.
‘dizzy, coughing, whatever’ come on into work at the hospital.
But they are vaccinated.
https://mynorthwest.com/3309765/rantz-multicare-hospitals-forcing-symptomatic-covid-positive-staff-work/
‘we’ve lost 49,000 staffed hospital beds in the last year and 16,000 in the last 30 days’
https://twitter.com/kerpen/status/1481723655725928449
Once again SCOTUS takes one step forward and two steps back.
Ruling that OSHA’s mandate is unconstitutional is one step forward. Ruling that the CMS mandate is constitutional is two steps back. Both because the CMS mandate is a clear violation of the Nuremberg Code, to which the US is a party and because it will predictably and severely harm the elderly.
There is an increasing amount of evidence that the experimental mRNA treatments damage the immune system. Most obviously revealed by, of those infected with the omicron varient, a greater percentage are among the fully vaccinated vs the unvaccinated.
When China releases its next gift to the West, previously vaccinated health care workers will be the foremost vector for infection of medicare and medicaid patients.
One more well intentioned step down the path to hell.
“will a vaccine “substantially reduce the likelihood that healthcare workers will contract the virus and *transmit it* to their patients”? The evidence mounts that this may not be so, although it *appears to be so for earlier* variants.”
How do you know, that the vaccine will “substantially reduce the likelihood that healthcare workers will contract the virus and transmit it?
My sense of the evidence is, that the only good the vaxes actually do is help fight symptoms.
This is absolutely insane. God help us!
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/
“Not to be deterred by such pesky inconveniences as a Supreme Court decision, immediately after the high court ruled the vaccine mandate was unconstitutional federal overreach – the White House told employers to enforce the vaccine mandate anyway.
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.””
The majority in Biden v. Missouri argues that the Health Secretary has been given the power to impose all kinds of finicky rules on the facilities that cash Medicare and Medicaid checks. But IMHO there’s a difference between a rule that requires a facility to hose down the operating room in a certain way, or to make its employees wash their hands, and the one being challenged here.
,
Because those requirements don’t permanently alter any of the people involved. In contrast, an injection of a novel substance is irreversible. And that novel substance is not perfect. In fact, we are learning that it does not block viral infection or transmission as we were originally promised. And beyond such weakened efficacy, we are learning that the “vaccine” can produce side effects. See Dr. Robert Malone’s substack on “bad batches.”
So the majority in Biden v. Missouri are assuming facts not in evidence (or due to the virus’ evolution, facts no longer in evidence) in order to justify an extraordinary intrusion into the bodily integrity of hundreds of thousands of healthcare workers.
Never mind the coming disaster in healthcare services as many of these people exit the industry; consider that this simplistic logic will justify further intrusions whenever people arguably have taken the King’s shilling. Ever received Federal money, say for Social Security or a school loan? You are now Federal property.
I think the “vaccines” are more and more questionable, on scientific grounds. However, hospitals and clinics have been mandating vaccines for years, including flu shots, which of course often don’t stop flu outbreaks. So I am not surprised by the CMS ruling. The question was whether CMS has the authority to require this.
The OSHA mandate is clearly beyond the authority of the agency. The ruling should have been unanimous.
@DisGuested: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.””
The one I work for has. The big ones all will.
Constitution? What Constitution?
“Constitution? What Constitution?”
You’re going to need a shiny new one of those. And don’t forget the Squid Game Amendment.
Something about O Tempura, O Morays… can’t quite remember how it goes.
OK, OK… I’ll clam up on this topic.
@Zaphod:You’re going to need a shiny new one of those.
We could borrow China’s. It’s got free speech, freedom of religion… and it’s hardly been used.
Not only did the White House ask companies to ignore the SCOTUS decision, Biden also asked social media to censor speech on the matter, which is a violation of the first amendment. If Trump did these things, he’d be impeached and I would support his removal. Of course, Trump never did anything like this.
@Frederick:
Still it’s pretty all Tsingtao Pijiu and Skittles if you’re not an Uighur or a Falun Dafa practitioner.
https://en.wikipedia.org/wiki/Tsingtao_Brewery
They’re not the ones working themselves up toward a rerun of the Spanish Civil War. That would be you fine fellows. As I’ve said countless times, the Chinese have burned out most of their ideological madness. All that remains is Nationalism. And that’s a good thing. Look at what Universalism and Globalism have done to the West.
It may well be that the PRC Constitution is more suited to the temperament of Han Chinese than to a supposed melting pot of who knows what these days. I’m a great believer in different races doing best apart and under different forms of indigenous government. But still nothing wrong with cross-cultural fertilization within limits and you could learn a thing or two and include some Chinese neologisms in your Next Constitution. Here’s one to begin with:
https://en.wikipedia.org/wiki/Baizuo
Should give you a very rough idea. Since it’s a term which directly refers to the vast majority of Wikipedia Editors, they leave a lot out about just how popular and common a term it has become. But it’s a start.
Freedom of Religion, eh?
https://en.wikipedia.org/wiki/Taiping_Rebellion
That works out well always. Something about the Thirty Years War could go in here, but I hate prolixity 😀
@Leland:
So you’re just going to have to work around these impediments. Build informal local coalitions to circumvent as much of the illegality and madness as you can… And watch out for Feds:
The Praetorian Psyop:
https://thezman.com/wordpress/?p=26305
“The Pentagon announced that it will be conducting guerilla warfare training in North Carolina in the coming weeks. The point of the exercise is to train American soldiers to battle “seasoned freedom fighters”, according to the Army. They say they made the announcement so that the public would not be shocked by the sound of weapons or the sight of the soldiers conducting war games. The exercises are going to be conducted on private lands in the western part of the state
This announcement coincides with the Department of Justice announcing the formation of a specialized unit focused on domestic terrorism. According to the DOJ, “We have seen a growing threat from those who are motivated by racial animus, as well as those who ascribe to extremist anti-government and anti-authority ideologies.” What they are saying is the hysterical reaction to the January 6 protests is entirely justified as there is an invisible army out there making bombs.
Many assume this is about the ongoing shift toward treating all opposition to the regime as domestic terrorism. The color revolution they orchestrated against Trump will become a full-time revolution. Politicians will go on about the threat to our democracy while agents of the secret police drag people off for made up crimes. Liberal democracy is in its terror phase. The gross violation of rights is justified by the perpetual state of emergency over the alleged threat to the system.
There is some of that, for sure, but the FBI has been framing people as domestic terrorists for generations. They used to work with organized crime to frame people for murders committed by gangsters. That made the FBI look good and they did not have to do any real work. They orchestrated antiwar protests in the 1960’s and racial crimes in the South during the civil rights era. They framed too many people to count during the Bush years in the name of fighting Islamic terrorism.
In other words, the FBI and the rest of the intelligence agencies have never needed a reason to abuse the rights of Americans. The reason these organizations came into existence at the same time the American empire went global is every empire needs a secret police to prevent domestic enemies. Empires do not treat the core population very well, so they have to worry that the core population will get tired of sharing the wealth and revolt against their rulers.”
Plus ça change…
It goes on.
The Biden administration declaring that it will not abide by the ruling by SCOTUS not only illegitimizes itself, it has now openly and publicly declared itself to be a domestic enemy of the Constitution.
Let the remaining US Military still loyal to their oath to defend the Constitution from all enemies both foreign and domestic… take notice.
Z gives us three tomes, the Constitution and how the Chineese are better, the US
military and how from Hong Kong he knows about our NCOs and enlisted personnel, and of course the future, because, Z knows.
The big ones all will.
‘Sez who?
The Biden administration declaring that it will not abide by the ruling by SCOTUS not only illegitimizes itself, it has now openly and publicly declared itself to be a domestic enemy of the Constitution.
Actually, it’s being hortatory via Raggedy Ann. Employers are perfectly free to blow them off and the intelligently run companies will. The vaccines are not superlatively effective with the older strains and ineffective with the new strain, so such a mandate is now pointless.
@ Griffin > “….come on into work at the hospital. But they are vaccinated.”
This was noted more than a week ago.
https://www.thenewneo.com/2022/01/03/open-thread-1-2-22/#comment-2599013
From Griffin’s link: “COVID-positive staffers are not required to disclose their status to patients or coworkers.”
But you have to show your vaxx ID to work, or even to eat out in New York.
https://www.thenewneo.com/2021/03/30/vaccine-passports-are-the-kind-of-id-the-biden-administration-likes/#comment-2548432
Democrats (now functionally the same as Communists) have no consistency in anything except their pursuit of power.
Art Deco,
“The big ones all will.
‘Sez who?”
Tucker Carlson for one. He points out that big companies not only receive ‘concessions’ from the feds but are regulated by federal agencies from top to bottom. Giving offense to a vindictive democrat party would threaten their bottom line.
“COVID-positive staffers are not required to disclose their status to patients or coworkers.”
But you have to show your vaxx ID to work, or even to eat out in New York.
Crazy rules like this have existed in California for years now. They eliminated all vaccine exemptions for school children a few years ago (well, they are essentially impossible to get). Seems straightforward enough, except, due to HIPAA, if a public school student is positive for Hep B, for example, they cannot disclose that to the teaching staff or other children. So if you’re not vaccinated for Hep B, but don’t have it, you are not allowed to go to school. If you are Hep B positive, you are welcome into school with open arms, and no one is allowed to be warned.
@Art Deco:‘Sez who?
They already have been. I’m guessing you don’t work for one. (Lot of people who comment here are retired…) Walmart, McDonald’s, Uber require all their office staff to be vaccinated starting months ago. Handy list for you reported back in August. Salesforce, Southwest Airlines, American Express, Goldman Sachs….
@Geoffrey Britain:He points out that big companies not only receive ‘concessions’ from the feds but are regulated by federal agencies from top to bottom.
Not only that but they have contracts with the Federal government they stand to lose.
I now work for a large company who is a contractor to a Federal agency. They have thousands of union employees who are quite able to stop work with little consequence for many reasons. The union is not in step with the Joe’s jab power grab. Management went along with Brandon’s jab edicts at first but have taken no actions that would cause terminations since the initial injunctions came out. Management has issued many clarification and update policy statements. It is a complicated dance and my guess is the company’s legal risk is greater than the benefit of working for the agency. Stay tuned.
The responses to this Rasmussen survey of likely voters on their support for vaccine mandates, their enforcement and penalties is concerning. Specifically the nature and severity the measures supported by the majority of Democrat respondents – everything from internment to continuous surveillance as well as loss of child custody and imprisonment for ‘misinformation’.
https://www.rasmussenreports.com/public_content/politics/partner_surveys/jan_2022/covid_19_democratic_voters_support_harsh_measures_against_unvaccinated
the questions – https://www.rasmussenreports.com/public_content/politics/partner_surveys/jan_2022/questions_heartland_covid_january_5_2022
This data supports a point that Glenn Greenwald has been emphasizing recently – the majority of Democrats really are as fascistic as their leadership. The party’s behavior is not being driven solely by a minority on the far-left, it’s characteristic of goals and beliefs common among their broader constituency. They haven’t listened to too much NPR, NPR is listening to them.
Steve McIntyre (of climate audit) has a Twitter thread about information on Quebec’s data on hospitalizations. It clearly shows that the hospital crunch is due to fully vaxxed seniors. The narrative pushed by Trudeau and the rest of the paid liars — that this is the fault of the young unvaxxed — is complete BS.
No one should be surprised. The authorities and their propagandists have lied about everything throughout Covid. As they do on every issue.
Mary McCarthy’ on Lillian Hellman is applicable.