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Defeated: Biden’s Vaccine Mandate Ruled Unlawful by Supreme Court

13-1-2022 < 21st Century Wire 197 732 words
 

Today, Joe Biden may have suffered the worst defeat in what is shaping up to be one of the most disastrous terms in US Presidential history.  

The US Supreme Court has just ruled that Biden’s hamfisted federal Occupational Health and Safety Administration (OSHA) vaccine mandate is in fact unlawful, and has ordered that his vaccination-or-testing rules be halted – meaning it will not be implemented.


However, the court capitulated to on the policy which requires experimental jabs for health-care workers at federally-funded medical facilities receiving Medicaid and Medicare money.


Chief Justice John G. Roberts Jr. and Justice Brett M. Kavanaugh were the only members of the court in the majority of both orders.


“Applicants now seek emergency relief from this Court, arguing that OSHA’s mandate exceeds its statutory authority and is otherwise unlawful. Agreeing that applicants are likely to prevail, we grant their applications and stay the rule.”


Read the full opinion here.


Not surprisingly, radical leftwing activist justices Stephen G. Breyer, Sonia Sotomayor and Elena Kagan voted for draconian vaccine mandates in the workplace – leaving Americans to question whether these Supreme Court justices still believe in the Bill of Rights and numerous international human rights treaties and conventions which prohibit imposing medical experiments on citizens.


Conservative Justices Clarence Thomas, Samuel A. Alito Jr., Neil M. Gorsuch and Amy Coney Barrett all objected to the federal blackmail and coercion for health-care workers who refuse the experimental mRNA gene-jab.



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While the lower courts were somewhat split on the ability of federal agencies to impose such heavy-handed requirements, businesses and 27 Republican-led states have nonetheless asked the court to stop any workplace requirements proposed via OSHA which were upheld by a lower court.


The Biden administration are now insisting that its coercive vaccine policies for health-care workers – which courts had previously placed on hold –  be allowed to move forward. However, it is believed that the President’s insistence to jab federally-funded healthcare workers will now create a mass exodus of staff – perhaps hundreds of thousands (if not millions of workers if endless boosters are mandated) from those facilities nationwide, thus creating a new crisis, and forcing these Medicare and Medicade providers to begin rationing care.


Legal analysis blog Techno Fog reports…


As to the Court’s reasoning, here are some highlights:



  • The Secretary of Labor likely “lacked authority to impose the mandate.” In making this finding, the Court noted that the OSHA Mandate affects millions of Americans – and that the Court expects “Congress to speak clearly when authorizing an agency to exercise powers of vast economic and political significance.” The Court reasoned that the OSHA Act “does not” plainly authorize the mandate. (The major questions doctrine.)

  • COVID-19 “is not an occupational hazard.” Allowing the OSHA Mandate “would significantly expand OSHA’s regulatory authority without clear congressional authorization.”


Justice Gorsuch – with whom Justices Thomas and Alito joined – added some important points in his concurring opinion:



  • The OSHA Mandate fails the major question doctrine, as “Congress has nowhere clearly assigned so much power to OSHA.” In fact, “a majority of the Senate even voted to disapprove OSHA’s regulation.”



  • “The Court rightly applies the major questions doctrine and concludes that this lone statutory subsection does not clearly authorize OSHA’s mandate.”



  • “Historically, such matters have been regulated at the state level by authorities who enjoy broader and more general governmental powers. Meanwhile, at the federal level, OSHA arguably is not even the agency most associated with public health regulation. And in the rare instances when Congress has sought to mandate vaccinations, it has done so expressly. We have nothing like that here.”


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