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re: Supreme Court Blocks Biden's Vaccine Mandate

Posted on 1/13/22 at 4:18 pm to
Posted by PineyWoodsHog
Texas
Member since Sep 2021
1604 posts
Posted on 1/13/22 at 4:18 pm to
quote:

That said- Gorsuch was Trump’s best pick of the bunch. 


Absolutely! And I love that he refused to wear a mask causing Justice Karen to feel she needed to be virtual.
Posted by CHSTigersFan
Charleston, Arkansas
Member since Jan 2005
2738 posts
Posted on 1/13/22 at 4:29 pm to
THANK GOD!!
Posted by Blizzard of Chizz
Member since Apr 2012
19168 posts
Posted on 1/13/22 at 4:35 pm to
quote:

The question, then, is whether the Act plainly authorizes the Secretary’s mandate. It does not. The Act empowers the Secretary to set workplace safety standards, not broad public health measures.


I called this earlier. Essentially applied the same standard to the mandate that they applied to the eviction moratorium.
Posted by Nutriaitch
Montegut
Member since Apr 2008
7973 posts
Posted on 1/13/22 at 4:50 pm to
quote:

They let it stand for health care workers?
Health care workers are no longer afforded constitutional rights?
bullshite!
This is going to court again.



It’s not all healthcare workers. Just certain ones that fall under the Medicare/Medicaid umbrella.
They can choose to not be Medicare/Medicaid facilities to be exempt from it.

The below line is where they differ from regular schmuck working in a factory somewhere.

quote:


Relying on these authorities, the Secretary has estab- lished long lists of detailed conditions with which facilities must comply to be eligible to receive Medicare and Medicaid funds.
Such conditions have long included a requirement that certain providers maintain and enforce an “infection prevention and control program designed . . . to help prevent the development and transmission of communicable diseases and infections.”



*edited to add more to quote*
This post was edited on 1/13/22 at 4:52 pm
Posted by Bro Rabbit
Member since Jan 2022
47 posts
Posted on 1/13/22 at 4:55 pm to
quote:

It’s not all healthcare workers. Just certain ones that fall under the Medicare/Medicaid umbrella.
They can choose to not be Medicare/Medicaid facilities to be exempt from it.

The below line is where they differ from regular schmuck working in a factory somewhere.

Health care workers still have the same constitutional rights as any "regular schmuck working in a factory".

Even "ones that fall under the Medicare/Medicaid umbrella".

Our so-called conservative justices are spineless.
Posted by Hoops
LA
Member since Jan 2013
6606 posts
Posted on 1/13/22 at 5:02 pm to
quote:

The Supreme Court has gone full-on facist. Our government shouldn’t give citizens freedom of choice in a emergency situation like this. Too much is at stake


Ask this clown if certain death being prevented is enough justification. When they say yes remind them of the survival rate of abortion.
Posted by rudy99
Member since Apr 2018
358 posts
Posted on 1/13/22 at 5:05 pm to
So this goes back the 6th Court? Is it over-over or just over for now?
Posted by DallasTiger11
Los Angeles
Member since Mar 2004
11869 posts
Posted on 1/13/22 at 5:30 pm to
It’s not technically over over but it’s pretty much dead. SCOTUS was clear
Posted by dgnx6
Baton Rouge
Member since Feb 2006
69378 posts
Posted on 1/13/22 at 5:34 pm to
quote:

Healthcare facilities can and have mandated vaccines if they choose their whole existence.


i dont know about mandate. It was usually left up to the states and it was more of the, if you want your employees to get the flu shot, then you must provide them with it free of charge.

Posted by Wolfhound45
Hanging with Chicken in Lurkistan
Member since Nov 2009
120000 posts
Posted on 1/13/22 at 5:38 pm to
quote:


Posted by TigerAxeOK
Where I lay my head is home.
Member since Dec 2016
25329 posts
Posted on 1/13/22 at 5:39 pm to
quote:

It’s not all healthcare workers. Just certain ones that fall under the Medicare/Medicaid umbrella.
They can choose to not be Medicare/Medicaid facilities to be exempt from it.

This is the type of information I came here for.

I just read where the health care worker mandate was only for "federally funded" facilities. That seems like a huge gray area, in what could possibly be contextually construed as "federal funding".

Just curious because Mrs. TigerAxe was in nursing until she was "laid off" because she refused the "vaccine". She really wants to get back into nursing but she will NOT take the gene manipulation injections. Wondering if, now that the SCOTUS has ruled, some of these facilities will now back off on injection requirements?

And clarification on what "federally funded" actually means, would be appreciated.
Posted by Bass Tiger
Member since Oct 2014
46690 posts
Posted on 1/13/22 at 5:41 pm to
quote:

Something about the ruling has the markets in a funk. The S&P, Nasdaq and DJIA have all dropped LIKE A ROCK since the Court spake this afternoon.



I can tell you’re not in the investment biz….lol!
Posted by SlickRickerz
Member since Oct 2018
2290 posts
Posted on 1/13/22 at 5:43 pm to
quote:

And clarification on what "federally funded" actually means, would be appreciated

One would assume hospitals such as the old Charity, LSU med nola, any free hospital. That’s what you would assume, but does “funded” mean the state/government pays the budget or does is it include non-profit hospitals billing for medicaid/medicare.
Posted by Nutriaitch
Montegut
Member since Apr 2008
7973 posts
Posted on 1/13/22 at 5:58 pm to
quote:

Health care workers still have the same constitutional rights as any "regular schmuck working in a factory". Even "ones that fall under the Medicare/Medicaid umbrella".


correct.

an one of those rights is to choose to not work for a place that is federally funded.

being funded by the federal government puts them under more federal government regulations than non-government funded.

if you want that government money, you have to follow the government guidelines to get that money.

if you don’t follow those guidelines you don’t get the money.

whether those guidelines are good/bad/unnecessary/or just plain stupid is a different argument.
but it’s pretty clearly statess that they can (and have in the past) issue those guidelines, including medications.

Posted by oldskule
Down South
Member since Mar 2016
15568 posts
Posted on 1/13/22 at 6:18 pm to
The right decision was made.
Posted by SmackoverHawg
Member since Oct 2011
27388 posts
Posted on 1/13/22 at 6:25 pm to
quote:

reat! but why is the health care industry still getting screwed?


People need to refuse. If they mandate that I have to take the shot to receive medicare pay, I'll tell them to piss off. Gives me an excuse to quit seeing medicare patients with that shitty reimbursement without being the bad guy. Will be able to cut my staff in half.
Posted by Boring
Member since Feb 2019
3792 posts
Posted on 1/13/22 at 6:41 pm to
quote:

The Act empowers the Secretary to set workplace safety standards, not broad public health measures.


Honest question, because I’m happy with the outcome, but doesn’t OSHA already have the power to regulate “broad public health measures” like fire and slip and fall cases, that are not limited to the workplace?

The argument just seems flimsy, and I think a finding of fact that this is not a danger to public health would have been the much shorter route.
Posted by LSUAngelHere1
Watson
Member since Jan 2018
8300 posts
Posted on 1/13/22 at 6:49 pm to
quote:

This is the type of information I came here for. I just read where the health care worker mandate was only for "federally funded" facilities. That seems like a huge gray area, in what could possibly be contextually construed as "federal funding". Just curious because Mrs. TigerAxe was in nursing until she was "laid off" because she refused the "vaccine". She really wants to get back into nursing but she will NOT take the gene manipulation injections. Wondering if, now that the SCOTUS has ruled, some of these facilities will now back off on injection requirements? And clarification on what "federally funded" actually means, would be appreciated.

They accepted my sister’s religious exemption Dec 6 and the way she explained it to me is that as long as the clinic/provider accepts Medicare/Medicaid, they’re governed by them.
Posted by Tomatocantender
Boot
Member since Jun 2021
4857 posts
Posted on 1/13/22 at 6:50 pm to
quote:

but doesn’t OSHA already have the power to regulate “broad public health measures” like fire and slip and fall cases, that are not limited to the workplace


Never heard of a mandated vaccine/forced innoculation for a workers comp slip n fall case. I think you're comparing apples to Pluto.
Posted by LSUAngelHere1
Watson
Member since Jan 2018
8300 posts
Posted on 1/13/22 at 6:52 pm to
quote:

correct. an one of those rights is to choose to not work for a place that is federally funded. being funded by the federal government puts them under more federal government regulations than non-government funded. if you want that government money, you have to follow the government guidelines to get that money. if you don’t follow those guidelines you don’t get the money. whether those guidelines are good/bad/unnecessary/or just plain stupid is a different argument. but it’s pretty clearly statess that they can (and have in the past) issue those guidelines, including medications.

Federal funding doesn’t negate constitutional rights,
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