Anti vax totalitarianism is a myth

[777]

just wanted to pop back in to give a link about something I referred to earlier:

Courts Will Rule Against Biden on Vaccine Mandate Penalties: Alan Dershowitz (theepochtimes.com)

of course, constitutional scholars are going to disagree on a constitutional issue

Ok, let’s race to the courts for the final conclusion! The sooner the better.

peace to you

yes'um, that's the only way out from here. Any bets on what will happen?

don't know, remember the Indiana University case, ACB wouldn't even hear it and the students lost every single time up the appeal ladder. However, the Biden matter is different and OSHA is involved, that's could spell trouble for the jackboots

Where Does Biden Get the Authority To Mandate Vaccination? – Reason.com

As attorney Michael Schearer points out, of the nine times OSHA used its emergency power until this summer, three went unchallenged, but of the six that went to court, only one instance was fully upheld. All the others were stayed or vacated, in one instance partially. In other words, the courts have by no means been pushovers for OSHA ETSs.

And this makes sense. Ordinary OSHA rule making builds a detailed record and rationale, including time for objections, which allows judges to hold the agency to some semblance of legality. Emergency powers bypass that. Were courts to adopt a posture of abject deference to claims of emergency, they'd leave OSHA in a position to order around the nation by diktat.

a republic, if you can keep it

 

[Revmitchell]

just wanted to pop back in to give a link about something I referred to earlier:

Courts Will Rule Against Biden on Vaccine Mandate Penalties: Alan Dershowitz (theepochtimes.com)

of course, constitutional scholars are going to disagree on a constitutional issue



yes'um, that's the only way out from here. Any bets on what will happen?

don't know, remember the Indiana University case, ACB wouldn't even hear it and the students lost every single time up the appeal ladder. However, the Biden matter is different and OSHA is involved, that's could spell trouble for the jackboots

Where Does Biden Get the Authority To Mandate Vaccination? – Reason.com



a republic, if you can keep it

biden is getting used to having his policies ruled unconstitutional. It’s gotten quite common

 

[JonC]

biden is getting used to having his policies ruled unconstitutional. It’s gotten quite common

Probably. I don't see how he could possibly dictate to private employers what they do.

This happened to Trump on weekly basis, it seems, but the difference is Trump was not a career politician.

 

[Revmitchell]

It didn’t happen to trump on a weekly basis


(Folks be prepared for a barrage of links to rulings against Trumps policies. None of which equal what I specifically said and none of which prove a weekly basis)

 

[Wingman68]

 

[JonC]

From the article:

“No. 1, is this something the federal government can do compared to the states?” Dershowitz told Newsmax. “States have police power. The federal government does not have police power. The powers of the federal government are to be derived from the text of the Constitution.” It is likely that the courts will say that the government can enforce the vaccine mandate, but will argue that it is only Congress that can order penalties and fines, he said.


If OSHA can make standards but only Congress can order penalties then how has OSHA been accessing penalties and collecting payments?

I see there are penalties at the federal and state levels (not really sure how these work).

OSHA Penalties | Occupational Safety and Health Administration

 

[JonC]

Come to think of it, the DOD and DOE fines people for violating traffic rules on their facility. And the IRS, under the Department of Treasury (Executive branch dept) seems to love fines and penalties.

 

[canadyjd]

Come to think of it, the DOD and DOE fines people for violating traffic rules on their facility. And the IRS, under the Department of Treasury (Executive branch dept) seems to love fines and penalties.

With IRS, the fines and penalties are according to federal law, not Pres executive orders.

peace to you

 

[JonC]

View attachment 5237

Honest people know neither president is to blame. That said, I'm not sure the same can be said of Cuomo.