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Started By
Message
OSHA mandate shouldn't survive judicial review
Posted on 11/1/21 at 11:15 am
Posted on 11/1/21 at 11:15 am
Granted, who can trust the courts anymore. But I did a lot of searching and finally found someone who was able to break down the merits of why it won't last. The whole article is a really good read.
Congress didn't give OSHA authority to mandate vaccines
It's also explained that the Supreme Court decision in 1905 in favor of vaccine mandates supports the right of an individual states to mandate a vacccine and confers no authority to the federal government. Fake president Biden knows this and is simply putting these rules out to pressure companies to force it on their own while it takes a few weeks to get struck down. Dems are really turning people against them more and more.
Congress didn't give OSHA authority to mandate vaccines
quote:
Congress did not place vaccines within OSHA’s purview. OSHA is establishing the vaccine mandate through an “emergency temporary standard.” This highly unusual process allows OSHA to bypass public notice and comment. Federal agencies, including OSHA, typically must submit major rules to public scrutiny before finalizing them.
Congress tasked the Department of Health and Human Services with determining the safety, efficacy, and appropriate use of vaccines. Congress authorized the Food and Drug Administration to determine whether vaccines should be allowed in interstate commerce. It empowered the Centers for Disease Control and Prevention to recommend who should receive such vaccines.
Congress did not give HHS the authority to impose a general vaccine mandate. While HHS has regulatory jurisdiction over vaccines, it has no power to impose a general vaccine mandate. If it had, the president would have directed HHS to tell employers to require their workforces to be immunized.
quote:
If Congress had authorized a mandate, it would not have encrypted it and concealed it in an obscure subsection of the OSHA statute. Congress does not, as then-Supreme Court Justice Antonin Scalia wrote, “hide elephants in mouseholes.”
In charging ahead with a legally dubious mandate, the Biden administration is repeating a familiar pattern. Last summer, the CDC renewed an eviction moratorium that faced certain judicial doom. The agency nevertheless issued the moratorium on Aug. 3. The high court enjoined it on Aug. 26.
It's also explained that the Supreme Court decision in 1905 in favor of vaccine mandates supports the right of an individual states to mandate a vacccine and confers no authority to the federal government. Fake president Biden knows this and is simply putting these rules out to pressure companies to force it on their own while it takes a few weeks to get struck down. Dems are really turning people against them more and more.
Posted on 11/1/21 at 11:19 am to Thundercles
quote:
simply putting these rules out to pressure companies to force it on their own while it takes a few weeks to get struck down.
This I believe is 100% true.
However, if the USSC takes this case and strikes down the OSHA rule saying that it will take an act of Congress to mandate the vaccines....how fast do you think Congress would have that bill passed? There are people on both sides of the isle that want it. There is no doubt it would pass in the House. The Senate would be more tricky but I think it would get done.
Posted on 11/1/21 at 11:19 am to Thundercles
by the time any of this comes out in the MSM news; we will be well into the great reset and nobody will GAF---- it will be so over it will be like regular everyday living.
Posted on 11/1/21 at 11:22 am to Thundercles
If I had a dollar for every unConstitutional thing this gov't has done since 9/11.......
Posted on 11/1/21 at 11:22 am to Thundercles
OSHA standard can get more shots in arms, the economic and public health benefits that could be gained today are worth the risk of a judicial defeat later.
What a joke
What a joke
Posted on 11/1/21 at 11:24 am to Thundercles
I have zero faith in the "judicial" system. There are volumes of things that gov does that SHOULDN'T be allowed but happens anyway
This post was edited on 11/1/21 at 11:25 am
Posted on 11/1/21 at 11:39 am to Thundercles
quote:Neither should have Obamacare.
OSHA mandate shouldn't survive judicial review
Posted on 11/1/21 at 11:41 am to Thundercles
quote:
It's also explained that the Supreme Court decision in 1905 in favor of vaccine mandates supports the right of an individual states to mandate a vacccine and confers no authority to the federal government. Fake president Biden knows this and is simply putting these rules out to pressure companies to force it on their own while it takes a few weeks to get struck down. Dems are really turning people against them more and more.
Well, not only is he pressuring, he's providing cover for companies that want to do this but are scared of the employee/public backlash.
Posted on 11/1/21 at 11:41 am to Thundercles
I do not have issue with a mandate if the company itself sets it. That is just simply a term of employment and policy and procedure. I do have a huge issue if the government issues it, as that violates a civil right and segregates people from the governmental level. I guess to me it would be like Apartheid.
This post was edited on 11/1/21 at 11:43 am
Posted on 11/1/21 at 11:43 am to Thundercles
I started a thread on the OT about starting to protect yourselves from this nonsense
Posted on 11/1/21 at 12:35 pm to Thundercles
its going to get ugly no matter the case
Posted on 11/1/21 at 12:53 pm to Thundercles
quote:
OSHA mandate shouldn't survive judicial review
It shouldn't survive spellcheck
Posted on 11/1/21 at 9:44 pm to Thundercles
It will all come down to who appointed the last judge to hear the case.
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