Today, the Supreme Court issued two opinions on vaccine mandates. One, a 6-3 opinion against the employer mandate. In the other, Chief Justice Roberts and Justice Kavanaugh joined the liberal justices to form the majority in upholding the mandate for Medicare and Medicaid service providers.
Here’s the good, the bad, and the ugly of what we’re facing.
GOOD: Supreme Court holds vaccine mandate for businesses is illegal. (We absolutely gotta take a win when we get it!)
“Although Congress has indisputably given OSHA the power to regulate occupational dangers, it has not given that agency the power to regulate public health more broadly. Requiring the vaccination of 84 million Americans, selected simply because they work for employers with more than 100 employees, certainly falls in the latter category,” the unsigned opinion says.
BAD: The opinion absolutely leaves room for another mandate, tailored differently.
UGLY: The Court believes the feds had the power to pass the OSH Act in the first place – and get deeply involved in healthcare today.
That’s not even counting the mandate for Medicare and Medicaid service providers. As one commenter put it today:
ICU RN and I’m already composing my “deeply held beliefs” exemption request. I’m furious that SCOTUS doesn’t extend the same Constitutional protection to me.
It’s important to understand that the Supreme Court opinion on the business mandate is largely based on the argument that Congress didn’t expressly authorize a vaccine mandate in the OSH Act of 1970.
So, if Congress does just that, we can count on SCOTUS to back up their power as they usually do.
But, under the Constitution, the OSH Act of 1970 was unconstitutional from day one.
Whether Congress gets around to expanding their own power this year, or in 50 years, we shouldn’t be surprised about it – unless the people reject the foundation of it all.
That includes – no longer waiting for the federal government to limit its own power.
IT IS THEIR DUTY TO WATCH, AND THEIR RIGHT TO TAKE CARE, THAT THE CONSTITUTION BE PRESERVED; Or in the Roman phrase on perilous occasions—TO PROVIDE, THAT THE REPUBLIC RECEIVE NO DAMAGE.