SC ruling on mandates

[HedonistForever]

Prediction time. What I would like to see is both mandates struck down. The consensus of the legal experts I listen to, is a split. The mandate on employers with over 100 employees, yada, yada, yada, will be struck down. The mandate on health care workers whose employer is basically the federal government, will stand.


The reasoning is simple. Is this authority the federal government is taking upon itself, grounded in the Constitution? If so, where? Give us that wording that unequivocally gives that power to the Executive branch, to essentially make law. Silly me, I always thought that was the job of Congress, the Legislative branch.


So how hard could this be for Bidens Progressive buddies? Just find the words, read them to the court and there you go! Problem comes in when those words aren't written on those pages but you'll do your best to make these judges believe that they are.


I don't know whether you have heard but an interesting bru-haw is happening over a remark by Sotmayor. She said:

“We have hospitals that are almost at full capacity with people severely ill on ventilators. We have over 100,000 children, which we’ve never had before, in — in serious condition and many on ventilators,” said Sotomayor during an exchange with Ohio Solicitor General Benjamin Flowers about how the omicron variant of the coronavirus has changed the pandemic.

federal data shows Sotomayor’s claim about serious illness among children is incorrect.


Och! Imagine that. A Supreme court Justice who is about to apply her knowledge of the Constitution ( as if it matters to her ) "and the facts at hand"......... has the facts wrong and now the public knows that this Justice is simply biased and like so many other politicians, is willing to "mis-inform", to protect their preconceived narrative.Will she publicly correct herself? Bet she doesn't but it doesn't matter now, the damage to her legal reputation is done.


Then the other brain dead Liberal Justice Kagan had these interesting words pre-judging the case.

“This is the policy that is most geared to stopping all of this,” Kagan said. “There is nothing else that will perform that function better,” to incentivize workers to “vaccinate themselves.”

Problem is, from the Conservative point of view and also the purpose for the hearing is, is it Constitutional not whether it is the best thing to do.


Right there. the perfect example of why we can't have Liberal Justices on the court. They simply do not understand their role. Your role is to compare what the government is petitioning to do and find that authority ( or not ) in the wording of the Constitution.


The simple and I believe correct answer is, it is not there and therefore this is a matter for states to handle. The federal government will play it's role, a huge role of making supplies and information available, something even Biden has admitted he has failed at with test kit availability.



Sotomayor and Kegan don't seem to understand what they are considering and where exactly did Sotomayor get that 100,000 number? What an embrassment to our SC.

[winn dixie]

Just my opinion here. I just hope they DO NOT send it back to the States to decide! A slippery slope that has become!

[bambino]

I think Sotomayors argument will carry the day. It was fake, phoney and false. Just like the SCOTUS is.

[dilbert firestorm]

Gorsuch flubbed too on the flu comment. he stated hundreds of thousands sick of flu. it was only thousands. I think he mispoke, prolly meant to say hundreds and thousands.

[LexusLover]

CDC keesp the records and solitary confinement, sent home from jobs, and social distancing for Covid could well be the basis for lower numbers in 2020 and 2021. Oh, did I mention medical professionals reporting Covid rather than flu to increase revenues?

Here's what CDC said on their website BEFORE COVID:

CDC estimates that flu has resulted in between 9.3 million and 49 million illnesses each year in the United States since 2010.

Please let me repeat: "between 9.3 million and 49 million illnesses each year"

Was he incorrect? illnesses

Not "positive tests"!

[Yssup Rider]

Semantics. Outraged over previous terminology?

Smfh

[the_real_Barleycorn]

Glad to have you on board. You should have read my post from last week on the same topic and voted in the poll.

How about them justices though. Pick of the litter, regular Einsteins in black robes.

[HedonistForever]

Originally Posted by dilbert firestorm

Gorsuch flubbed too on the flu comment. he stated hundreds of thousands sick of flu. it was only thousands. I think he mispoke, prolly meant to say hundreds and thousands.

He ( unlike Sotomayor, yet ) promptly corrected himself by dropping "of" as in "hundreds of thousands" and added a comma to make "hundreds, thousands".


Let's see if Sotomayor can correct herself as easily.

[LexusLover]

Originally Posted by HedonistForever

He ( unlike Sotomayor, yet ) promptly corrected himself by dropping "of" as in "hundreds of thousands" and added a comma to make "hundreds, thousands".


Let's see if Sotomayor can correct herself as easily.

Whether it's a comma or an "of" ... he's still wrong.

Soto is WRONG ABOUT 99% OF THE TIME. In fact she was WRONG when she popped out of her mother's womb. She was not put on the bench because she was ever correct ... she was inserted for the same reason Kumola was chosen. NOT for brillance or intellectual quality.

[Yssup Rider]

Class act.

[SecretE]

I am prepared to be surprised, but I think the OSHA mandate will stand, not because there is any legal basis for it on a federal level, but because of the tremendous pressure that will be brought to bear on people like Kavanaugh and ACB from multiple factions. Both have already had a taste of what a public media lynching is like. I'm not sure they have a desire to weather another one.

[the_real_Barleycorn]

How about a real lynching? Back in the old days, Andrew Jackson was presented with a defeat by the Supreme Court, Andrew Jackson (referring to John Marshall the Chief Justice) said, "he made his decision, now let him enforce it."
How would OSHA enforce this unconstitutional mandate. I say unconstitutional because, as the poll here showed,that is the perception of the American people regardless of what the court says.

[HedonistForever]

Originally Posted by SecretE

I am prepared to be surprised, but I think the OSHA mandate will stand, not because there is any legal basis for it on a federal level, but because of the tremendous pressure that will be brought to bear on people like Kavanaugh and ACB from multiple factions. Both have already had a taste of what a public media lynching is like. I'm not sure they have a desire to weather another one.

Obviously ( at least to me ) Kavanaugh can't be bullied and if anything, he has been hardened by what happened to him and will not let himself be bullied again and ACB is as hard as nails. She has so much respect from so many legal circles, she won't be affected by the bullies.


Both of these Justices are originalist/ textualists. They will not be deterred from this philosophy nor should they be.


Sotomayor gave the perfect example of a Liberal Justice when she completely ignored the main reason for the case, to decide if it is Constitutional for OSHA/ Biden to make this new rule/ law. It is not, as Sotomayor would make it, about whether mandates for every single American regardless of natural immunity is "what is best". Not even close to what the Justices are being asked to consider.

[NoirMan]

Healthcare workers mandate is good to go.

General business mandate blocked.

[HedonistForever]

Originally Posted by NoirMan

Healthcare workers mandate is good to go.

General business mandate blocked.

In other words, HF was RIGHT AGAIN