US Supreme Court BLOCKS vaccine mandates

[LA]

Supreme Court BLOCKS Biden's vaccine mandates for private companies - The conservative-leaning high court did however allow a vaccine mandate for employees at health care facilities receiving federal dollars to go into effect. [01]

BREAKING NEWS: Supreme Court BLOCKS Biden's vaccine mandates for private companies in huge blow to White House COVID plan - but upholds rules for health care workers

- The court's Thursday decision allows Biden's vaccine mandate for healthcare employees at facilities receiving Medicare and Medicaid funds to stay
- More than 80 million US workers would have been affected by private rule
- The decision to block Biden's private mandate fell 6 to 3, all liberals against
- Biden's rule for health care workers was allowed to stay in a 5 to 4 decision
- In September Biden ordered companies with 100 or more employees to impose a vaccine mandate or set up weekly COVID testing

13 January 2022

The Supreme Court has blocked President Joe Biden's vaccine-or-test mandate for private companies with 100 or more employees, in a decision handed down on Thursday.

The high court did however allow a vaccine mandate for employees at health care facilities receiving federal dollars to go into effect.

In a 6-3 decision the court’s conservative majority concluded the administration overstepped its authority by seeking to impose the rule on large US businesses.

Roughly 84 million people would have been affected.

The decision to allow the mandate on healthcare workers in Medicare and Medicaid-funded settings fell 5-4, with Chief Justice John Roberts and Justice Brett Kavanaugh siding with liberal Justices Sonia Sotomayor, Elena Kagan and Stephen Breyer.

It's the latest blow in a devastating day for Biden, who just in the last few hours failed to gin up support among Senate Democrats to scuttle the filibuster and pass voting rights legislation.

Biden rolled out sweeping measures in September aimed at getting more Americans vaccinated, after the rate of inoculations slumped as the Delta variant brought a new wave of infections over the summer. If implemented, they would have affected a combined one-third of the US workforce.

The Supreme Court's six conservative justices ruled on Thursday to block Biden's vaccine order for private businesses

Following the president's orders the Occupational Health and Safety Administration (OSHA), the agency which ensures public and private workplace safety on a federal level, rolled out details for its rules for private companies.

In the 6-3 majority opinion, the conservative justices claim the rule 'draws no distinctions based on industry or risk of exposure to COVID–19.'

They go on to argue that COVID-19 is not an 'occupational hazard' and can be spread 'at home, in schools, during sporting events, and everywhere else that people gather.'

'That kind of universal risk is no different from the day-to-day dangers that all face from crime, air pollution, or any number of communicable diseases,' the opinion states.

'Permitting OSHA to regulate the hazards of daily life—simply because most Americans have jobs and face those same risks while on the clock—would significantly expand OSHA’s regulatory authority without clear congressional authorization.'

The conservative-majority court ruled that the Biden administration had overstepped its bounds with the rule on private businesses

[01]Supreme Court BLOCKS Biden's vaccine mandates for private companies | Daily Mail Online | Daily Mail Online

 

[FitnessMike]

bravo

 

[Old Irenaeus]

Do I understand correctly that healthcare workers in about half the states (the ones that had rejected the mandate) are now under the mandate? Seems like more of a defeat than a victory.

 

[TAG145]

Happy about the private company portion but the fact that conservative judges still agreed this should stand for healthcare workers is extremely disappointing. I’m sure this is not over. I could see they will just expand OSHA’s authority or some other way to get power over us. Might not be this plandemic but the next big thing!

 

[tankasnowgod]

Do I understand correctly that healthcare workers in about half the states (the ones that had rejected the mandate) are now under the mandate? Seems like more of a defeat than a victory.

Happy about the private company portion but the fact that conservative judges still agreed this should stand for healthcare workers is extremely disappointing.

The ruling about healthcare workers actually makes sense, whether you like it or not. Notice this part-

The court's Thursday decision allows Biden's vaccine mandate for healthcare employees at facilities receiving Medicare and Medicaid funds to stay.

The high court did however allow a vaccine mandate for employees at health care facilities receiving federal dollars to go into effect.

It's very simple. Don't want to be subject to Federal Government rules? Don't take Federal Government money. Or "benefits and privileges."

Of course, there could be other challenges to these "Healthcare Worker" mandates. I still haven't seen healthcare workers/facilities challenge the mandate based on the principles from Doe vs. Rumsfeld, for example.

 

[Old Irenaeus]

I am assuming the majority of healthcare workers work for institutions that receive medicare/medicaid funds.

 

[Doc Sandoz]

Here is the text of SCOTUS' OSHA opinion. The upshot is OSHA does not have the power to impose this rule. No questions of the scope of individual Constitutional protections were decided and this is to be expected, for the court rarely addresses fundamental rights when there is a procedural way to strike down a rule or statute the justices find objectionable.

This decision to enjoin enforcement of the rule is based on the likelihood that the plaintiffs (the good guys) will prevail. The court found it likely by 6-3 that they will prevail, which is a very good sign.

https://www.supremecourt.gov/opinions/21pdf/21a244_hgci.pdf

 

[Kayaker]

Supreme Court hands Biden COVID vax mandate defeat, sparking fury from liberals

Liberals across the Twitter sphere reacted with anger, Republican attacks, and calls for Democrats to pack the Supreme Court following the nation’s highest court’s decision to block President Biden’s vaccine mandate on businesses with over 100 employees.

www.foxnews.com

"Republicans want to prolong the pandemic - have more people get sick and die - so they can blame Biden and win an election," Former DNC Comms Director and Obama surrogate Brad Woodhouse tweeted. "And the Supreme Court just helped them. Disgraceful."

?

 

[Doc Sandoz]

Here is the text of the Biden v Missouri decision. Chief Justice Roberts and Kavanaugh went the other way on this one. This question was whether to issue an injunction against enforcement of the rule pending later final determination. Unfortunately for the health workers, the injunction failed by a 5-4 vote which opined Biden was likely to prevail. There is some possibility Kavanaugh might change his mind after further argument is made, but I wouldn't hold my breath.

BIDEN v. MISSOURI

www.law.cornell.edu

 

[Rafe]

Great news. It’s a good start.

 

[tankasnowgod]

Seems like more of a defeat than a victory.

Soooo ridiculous. There are a lot more people that work at private companies than work in government funded healthcare.

Even in these times, I don't approve of this sort of pessimism. Especially when it is objectively wrong. And not even the final way that any "healthcare mandate" can be challenged in court.

I am assuming the majority of healthcare workers work for institutions that receive medicare/medicaid funds.

So what? There are still plenty of ways they can oppose the mandate. Considering it's their industry that has been running this obviously fake Pandemic from the beginning, they had to know the chickens would come home to roost in their industry first. A lot of them have already gotten out, or are fighting this at different levels.

 

[tankasnowgod]

.

 

[Perry Staltic]

Learn how to take a win. There are a lot more people that work at private companies than work in government funded healthcare.

So what? There are still plenty of ways they can oppose the mandate. Considering it's their industry that has been running this obviously fake Pandemic from the beginning, they had to know the chickens would come home to roost in their industry first. A lot of them have already gotten out, or are fighting this at different levels.

I predicted earlier that fired nurses would work as contractors without the mandate and get paid lots more. I read yesterday that a hospital that fired a bunch of nurses hired some back as contractors at 3x their normal pay.

 

[Birdie]

The Supreme Court interprets the rules. It doesn't get to decide what the rules should be/say. That's the conservative view. It used to be the view. Roughly quoted from a lawyer relative.

 

[David PS]

Here is the text of the Biden v Missouri decision. Chief Justice Roberts and Kavanaugh went the other way on this one. This question was whether to issue an injunction against enforcement of the rule pending later final determination. Unfortunately for the health workers, the injunction failed by a 5-4 vote which opined Biden was likely to prevail. There is some possibility Kavanaugh might change his mind after further argument is made, but I wouldn't hold my breath.

BIDEN v. MISSOURI

www.law.cornell.edu

Thank you for posting both decisions. With regard to the OSHA mandate, this is the only disturbing news article that I could find tonight. Biden still has influence even without the OSHA mandate.

White House says it will continue calling on businesses to require Covid vaccines - Times of India

US News: WASHINGTON: The Biden administration will continue to call on businesses to implement Covid vaccine requirements, the White House said, after the US S.

timesofindia.indiatimes.com

 

[zwez]

The ruling about healthcare workers actually makes sense, whether you like it or not. Notice this part-





It's very simple. Don't want to be subject to Federal Government rules? Don't take Federal Government money. Or "benefits and privileges."

Of course, there could be other challenges to these "Healthcare Worker" mandates. I still haven't seen healthcare workers/facilities challenge the mandate based on the principles from Doe vs. Rumsfeld, for example.

Nothing about forcing an injection on someone to hold their job makes sense. Neither do you make any sense. It seems like you’re an apologist for evil, intentional or not.

 

[LA]

Supreme Court BLOCKS Biden's vaccine mandates for private companies - The conservative-leaning high court did however allow a vaccine mandate for employees at health care facilities receiving federal dollars to go into effect. [01]

BREAKING NEWS: Supreme Court BLOCKS Biden's vaccine mandates for private companies in huge blow to White House COVID plan - but upholds rules for health care workers

- The court's Thursday decision allows Biden's vaccine mandate for healthcare employees at facilities receiving Medicare and Medicaid funds to stay
- More than 80 million US workers would have been affected by private rule
- The decision to block Biden's private mandate fell 6 to 3, all liberals against
- Biden's rule for health care workers was allowed to stay in a 5 to 4 decision
- In September Biden ordered companies with 100 or more employees to impose a vaccine mandate or set up weekly COVID testing

13 January 2022

The Supreme Court has blocked President Joe Biden's vaccine-or-test mandate for private companies with 100 or more employees, in a decision handed down on Thursday.

The high court did however allow a vaccine mandate for employees at health care facilities receiving federal dollars to go into effect.

In a 6-3 decision the court’s conservative majority concluded the administration overstepped its authority by seeking to impose the rule on large US businesses.

Roughly 84 million people would have been affected.

The decision to allow the mandate on healthcare workers in Medicare and Medicaid-funded settings fell 5-4, with Chief Justice John Roberts and Justice Brett Kavanaugh siding with liberal Justices Sonia Sotomayor, Elena Kagan and Stephen Breyer.

It's the latest blow in a devastating day for Biden, who just in the last few hours failed to gin up support among Senate Democrats to scuttle the filibuster and pass voting rights legislation.

Biden rolled out sweeping measures in September aimed at getting more Americans vaccinated, after the rate of inoculations slumped as the Delta variant brought a new wave of infections over the summer. If implemented, they would have affected a combined one-third of the US workforce.

The Supreme Court's six conservative justices ruled on Thursday to block Biden's vaccine order for private businesses

Following the president's orders the Occupational Health and Safety Administration (OSHA), the agency which ensures public and private workplace safety on a federal level, rolled out details for its rules for private companies.

In the 6-3 majority opinion, the conservative justices claim the rule 'draws no distinctions based on industry or risk of exposure to COVID–19.'

They go on to argue that COVID-19 is not an 'occupational hazard' and can be spread 'at home, in schools, during sporting events, and everywhere else that people gather.'

'That kind of universal risk is no different from the day-to-day dangers that all face from crime, air pollution, or any number of communicable diseases,' the opinion states.

'Permitting OSHA to regulate the hazards of daily life—simply because most Americans have jobs and face those same risks while on the clock—would significantly expand OSHA’s regulatory authority without clear congressional authorization.'

The conservative-majority court ruled that the Biden administration had overstepped its bounds with the rule on private businesses

[01]Supreme Court BLOCKS Biden's vaccine mandates for private companies | Daily Mail Online | Daily Mail Online

We can hope for the best

bravo

We can HOPE and pray for the best and Ignore all the rest!

 

[LA]

 

[haidut]

The ruling about healthcare workers actually makes sense, whether you like it or not. Notice this part-





It's very simple. Don't want to be subject to Federal Government rules? Don't take Federal Government money. Or "benefits and privileges."

Of course, there could be other challenges to these "Healthcare Worker" mandates. I still haven't seen healthcare workers/facilities challenge the mandate based on the principles from Doe vs. Rumsfeld, for example.

Do you think this decision also casts a serious doubt over the legality of the local vaccine mandates? I mean, if the ruling establishes that OSHA was never endowed with power (by Congress) to push vaccine mandates on private employers and their workers, it seems to me that it is even less legal for local governments to force private entities to demand sensitive (and non-public) health information from their clients (so, even less legal "power" over them than in an employer->employee situation) as a basis of deciding on allowing/banning entry on the premises. If we use the same criteria from the ruling and apply it to the local level, private entities such as bars, gyms, restaurants, etc do not typically receive state funds, so the governor/mayor should have no power to force vaccine mandates on them. Actually, come to think of it, they may justify the mandates for all local businesses/organizations using the argument that those entities have received financial help during the pandemic, but I think the majority of companies in the services/entertainment sector did NOT get state help, so this should still leave a decent amount of "untainted" business that could be exempt from the mandates. Moreover, since the local mandates are currently blanket, it prevents a non-vaxxed person from seeking/using alternatives, which is the epitome of total "discrimination based on health status", expressly forbidden by federal law. I can't wait to see the mental acrobatics the "left" will do perform to explain why localized fascism is perfectly OK despite this ruling.
Anyways, good ruling and I suspect this is just the beginning, especially in regards to challenges filed against the local mandates.

 

[LA]

Do I understand correctly that healthcare workers in about half the states (the ones that had rejected the mandate) are now under the mandate? Seems like more of a defeat than a victory.

read the PDF posted by @Doc Sandoz - apparently those health agencies that receive government funding such as Medicare and Medicaid need to have their workers vaccinated. However, it remains to be seen as to whether or not the more conservative states will fight for an option to this particular vaxx mandate as too many hospitals and care facilities are losing workers to the vaccine mandate