re: Supreme Court Blocks Biden's Vaccine Mandate

quote:

---

Again, whether the vaccine actually works or actually prevents transmission is not at issue here, and whether it should be mandated will never be the issue in a legal sense. That will ALWAYS be a policy determination that is left to the government provided the government meets the very low standard for administrative deference.

---

Whether the vaccine prevents transmission is the factual predicate that the admin would have to meet to prove it acted within its statutory authority of protecting patients. What else would be the point of requiring the vaccine for Hosp staff?

If I’m representing a private hospital that has a problem with this - you can bet your arse I’m definitely entitled to know whether the administrator reviewed evidence that showed that the vaccine mandate complied with the statutory directive. It’s their entire burden of producing actual evidence that was sufficient to result in that conclusion.

All CMS did was argue - based on no evidence that the vaccine was necessary to protect patients. Didn’t show how.