Sharply Divided Court Might Block Employer Vaccine Mandate, While (Treasonous) Court May Refuse To Recognize States Rights on CMS Mandate

Posted by freedomforall 2 weeks, 1 day ago to Politics
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"In oral arguments lasting nearly twice as long as expected, until 1:39pm today, there appeared to be a majority to block Biden’s employer vaccine mandate, while the CMS vaccine mandate will unfortunately probably be upheld.

Our general counsel emphasized in his amicus brief against the CMS vaccine mandate that the vaccine approach is a “colossal failure.” Two justices – Alito and Thomas – expressed awareness of harm caused by vaccines or alternatives to vaccination. Justice Alito indicated he expected distortion of his daring to merely ask about harm from the vaccine.

The three Democrat-appointed justices expressed their dismay that anyone would seek to block a Covid vaccine mandate. But even more justices implied that the sweeping employer mandate should be addressed by the States or by Congress, not by a mere agency (OSHA) acting under a vague old statute.

Based on the questioning this morning, it appears that the OSHA vaccine mandate against employers is likely to be blocked, while the CMS mandate is likely to survive. Chief Justice Roberts’ questioning implied that he will be the fourth vote to uphold the CMS vaccine mandate, while additional votes appear likely due to doubt about the legal standing of States to oppose CMS on this.

Several justices did voice skepticism about the CMS vaccine mandate. Justice Alito pointed out that CMS is obligated by statute to consult with States before issuing such a mandate, which CMS did not do. The government attorney incredibly responded that the consultation requirement does not say that it must consult before it imposes the mandate!

The government attorney further insisted that “any temporary staffing shortages are likely to be minor” due to the vaccine mandate against medical workers, and that any “marginal additional” staffing shortages are outweighed by the alleged need to impose the CMS vaccine mandate, which he claimed will save lives.

Justice Gorsuch pointed out that Section 1395 of the Medicare Act commands that the federal government shall not generally “control” employment, workers' tenure and compensation, and the practice of medicine. CMS has never before ordered vaccines or, for that matter, exercise regimes, sleep habits, or medicine that must be taken by workers.

Justice Kavanaugh questioned whether the more than $1 billion in new costs imposed by the CMS vaccine mandate would really be funded by the federal government. He asked why CMS has not previously required flu shots for workers if it thinks it has the authority to require Covid vaccines today. But Kavanaugh, like Thomas, questioned whether States really have standing to object, which is a way the Court could dismiss this challenge.

Justice Barrett questioned whether CMS really has authority under the Social Security Act to do this. She is potentially the swing fifth vote on the CMS mandate issue, although it seems likely to be upheld based on legal standing.

An attorney for the States, which argued against the vaccine, disputed that there is statutory authority for CMS’s mandate, and pointed out that its rule is arbitrary and capricious, and will particularly hurt rural communities due to worker shortages.

Justice Kagan said that the government is paying for these services, saying that if you want “my money" (and calling federal money “its money"), then CMS can require the Covid vaccine. She was dismissive about shortages at (many) small hospitals, describing it merely as a “rural hospital” question."


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  • Posted by $ Abaco 2 weeks ago
    Doesn't matter what a bunch of mushy-butts in robes decide. I'll decide for myself. I will add that I think this is fucking insane. The pandemic is a cold now. What in the hell is wrong with these people? I personally know 50+ people who left California on this. These idiots think that they can sit up there in their costumes and get the same people who drove with the kids all the way from California to South Carolina to escape this mindset to comply? Let me start the popcorn...
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    • Posted by 2 weeks ago
      It almost appears that they want a real insurrection so they can murder everyone who resists tyranny at one time.
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      • Posted by $ Abaco 1 week, 6 days ago
        I'm sad to have to agree with you on this. This is deliberate. They've found the avenue to do it with the covid vaccines. Almost everybody we know in California has, or has had, Omicron over these past couple weeks (vaccinated or not). All of them are saying it's no big deal. This thing is wrapping up after a couple years - exactly as I said it would. But NOW these festooned, appointed people are discussing this. I think you're right FFA. Hate to say it...
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  • Posted by $ Radio_Randy 1 week, 3 days ago
    They always spout off about "the most vulnerable". In this case, the most vulnerable are seniors of Medicare age.

    What prevents the government from simply withholding Medicare benefits from those who refuse to get the shot? A similar proposal, concerning guns, was postulated, where I used to work. "Turn in your guns, or else".
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    • Posted by mccannon01 1 week, 3 days ago
      Maybe the government doesn't have to if a campaign can be launched for medical facilities to deny care for the unvaccinated. It won't matter who would or wouldn't pay the ticket if the unvaccinated aren't allowed on board.
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      • Posted by $ Radio_Randy 1 week, 3 days ago
        But it goes far deeper than that...

        Medicare could refuse to pay for critical medications and home care equipment. You don't have to be denied entrance to a clinic for these things to hurt.
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        • Posted by $ katrinam41 1 week, 3 days ago
          Hurt? How about state-sanctioned murder. Those who are taking meds for the heart, high BP, diabetes and a whole list of others will have to make the choice -- food or meds. Most of us won't be able to afford both. It's past time to find alternate treatments.
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        • Posted by 1 week, 3 days ago
          But a restriction on medication would hurt Pharma profits, so that's a less likely path, unless they can be certain of unending boosters for all the vaxxed - until they start to drop dead from side effects.
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  • Posted by Vegascontrarian 1 week, 1 day ago
    The mandate for vax of healthcare workers has nothing to do with Covid. This is one more step in the progression for total government control of the availability of healthcare, and ultimately, personal choice. As big government continues to expand, there will be fewer jobs that do not receive gov't "funding." SCOTUS has opened an entirely new can of worms.
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