SCOTUS Shoots Down Biden Mandate

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Prof Triggernometry
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Rightfully so:


Supreme Court blocks Biden Covid vaccine mandate for businesses, allows health-care worker rule
PUBLISHED THU, JAN 13 20222:30 PM ESTUPDATED 2 MIN AGO
Kevin Breuninger
@KEVINWILLIAMB
Spencer Kimball
@SPENCEKIMBALL

The Supreme Court on Thursday blocked the Biden administration from enforcing its sweeping vaccine-or-test requirements for large private companies, but allowed similar requirements to stand for medical facilities that take Medicare or Medicaid payments.

The rulings came three days after the Occupational Safety and Health Administration’s emergency measure started to take effect.

That mandate required that workers at businesses with 100 or more employees must get vaccinated or submit a negative Covid test weekly to enter the workplace. It also required unvaccinated workers to wear masks indoors at work.

“Although Congress has indisputably given OSHA the power to regulate occupational dangers, it has not given that agency the power to regulate public health more broadly,” the court wrote in an unsigned opinion.

“Requiring the vaccination of 84 million Americans, selected simply because they work for employers with more than 100 employees, certainly falls in the latter category,” the court wrote.

But in a separate, simultaneously released ruling on the administration’s vaccination rules for health-care workers, the court wrote, “We agree with the Government that the [Health and Human Services] Secretary’s rule falls within the authorities that Congress has conferred upon him.”

https://www.cnbc.com/2022/01/13/supreme-court-ruling-biden-covid-vaccine-mandates.html
 
Healthcare workers are allowed. Partial win.

I'd say that the scare of a mandate kicked a lot of people's asses into getting the vaccine.

Overall, this is a win for both sides of the coin.
 
Healthcare workers are allowed. Partial win.

I'd say that the scare of a mandate kicked a lot of people's asses into getting the vaccine.

Overall, this is a win for both sides of the coin.

What they allowed to stand was a separate issue involving the authority of the Sec of HHR. Though I have not read the decision yet, I think it came down exactly as I thought it would along the lines I discussed with Johnny the other day and be a ruling against the authority of OSHA instead of specifically presidential authority.
 
The U.S. Supreme Court’s ruling blocking the Biden administration’s vaccine mandate for private employers with 100 or more employees cites White House Chief of Staff Ronald Klain’s Twitter as evidence that the federal government was actively seeking to circumvent normal regulation powers to force COVID-19 shots on Americans.

Klain retweeted a September comment from MSNBC anchor Stephanie Ruhle claiming that OSHA’s emergency temporary standard is the “ultimate work-around for the Federal govt to require vaccinations.” Rhule’s tweet came shortly after Biden directed the Occupational Safety and Health Administration to create a rule forcing private businesses to require the jab.

Justice Neil Gorsuch referenced Klain’s seemingly wholehearted endorsement of this smug prediction in his concurrence published on Thursday as proof that Congress was not involved in giving OSHA authority to mandate private medical decisions.

According to the Trump appointee, “It seems, too, that the agency pursued its regulatory initiative only as a legislative ‘work-around,'” thus invalidating it.
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