What a way to end the week!
Given the Biden administration’s rather frightening disregard of checks and balances, in particular with his sudden vaccine mandates for the private sector, the Supreme Court agreed to an emergency hearing at the start of 2022 to evaluate the constitutionality of the vaccine mandate.
A majority win against Biden and for freedom, specifically with regards to the OSHA vaccine mandate.
“OSHA has never before imposed such a mandate – nor has Congress,” the majority wrote, “indeed, although Congress has enacted significant legislation addressing the COVID–19 pandemic, it has declined to enact any measure similar to what OSHA has promulgated here.”
In other words, the Biden administration didn’t even bother with Congress, otherwise known as a vital element of checks and balances in the government, which means that the vaccine mandates are not exactly constitutional.
That said, Justices Stephen Breyer, Elena Kagan and Sonia Sotomayor didn’t let a little consideration like constitutionality get in their way; after all, they tend to act like little activists more than serious constitutionalists, in particular Sotomayor, who actually had to be fact-checked by the CDC.
And what’s even scarier is the minority opinion, as written below: “Acting outside of its competence and without legal basis, the court displaces the judgments of the government officials given the responsibility to respond to workplace health emergencies.”
So, in other words, the constitutionality of vaccine mandates is “outside of the Supreme Court’s competence?” Really? Exactly what is within the Supreme Court’s competence, in that case?
Fortunately, Rep. Fred Keller (R-PA) hasn’t forgotten what is within the Court’s “competence,” as evidenced in a statement he sent to Newsmax.
“The U.S. Supreme Court ruled 6-3 to stop President Biden from implementing his authoritarian vaccine mandate on American workers,” Keller remarked, “this is the outcome we expected — with the Court asserting that President Biden lacks the constitutional authority to unilaterally dictate federal law.”
However, while the OHSA victory is undoubtedly huge, the majority on the Supreme Court did rule that the vaccine mandate for healthcare workers is constitutional, with Kavanaugh surprisingly (and disappointingly) siding with the liberal justices.
However, another Trump appointee, Barrett, held her own.
And her position is precisely why Keller pledges to continue fighting for the vaccine mandate for healthcare workers to be thrown out as well.
“While the case now returns to the lower courts, I will continue my efforts to permanently eliminate this unconstitutional mandate under the Congressional Review Act (CRA),” Keller continued in his statement, “our CRA resolution has the unanimous support of the entire House Republican Conference, and our team has held productive conversations with House Democrats who recognize how disastrous President Biden’s mandate would be if enacted.”
Keller’s commentary is echoed by that of Rep. Dan Crenshaw (R-TX), who tweeted gleefully about the massive Court victory to commence the new year:
“BREAKING: The Supreme Court BLOCKS Joe Biden’s unconstitutional vaccine mandate on businesses. But it upheld his vaccine mandate on healthcare workers. We can’t stop fighting until the ENTIRE vaccine mandate is thrown into the garbage heap of history where it belongs.”
In other words, a serious battle was won, yet the mandates still remain in one critical sector: healthcare. The mandates arguably appear even more problematic when considering that San Francisco is reportedly sending COVID-positive healthcare staff back to work, provided that they are “asymptomatic.”
If healthcare workers can apparently work with an active COVID infection, exactly what is the logic underlying a vaccine mandate for that specific profession?
Justices Gorsuch, Alito and Barrett certainly seem to have that view, and in a separate writing, they pointedly reminded the Biden administration of the importance of Congressional support for major legislation, especially legislation as significant as the laws proposed by Biden.
“Had Congress wanted to grant CMS power to impose a vaccine mandate across all facility types, it would have done what it has done elsewhere—specifically authorize one,” the conservative justices wrote.
Unfortunately, this instance is hardly the first wherein Biden has largely disregarded Congress, which is precisely why the most stalwart conservatives (and constitutionalists), observed “a pattern of regulatory overreach from the Biden Administration.”
You don’t say …
Author: Ofelia Thornton