16 Jan 2022 3:37 am
The opinion of this journalist is of no more import than mine and yours. Nor is the opinion of OSHA. The SCOTUS stepped in an ruled (correctly) that non-elected bureaucrats do not have such authority to enact such mandates. Such mandates are the purview of the Congress and the POTUS through the legislative process defined in the Constitution. It requires a public vote by elected officials under supervision by The People. It isn't even an authority which Congress may delegate to a non-elected bureaucracy (e.g. the NIH or CDC). The Constitution clearly defines the instructions The People have mandated their elected officials follow when enacting laws. Nothing in the Constitution grants Congress or the President the right to circumvent that process. Any laws enacted outside that process may be ignored by The People as being outside the governments charter.B.See » 16 Jan 2022, 12:27 am » wrote: ↑ That may be true, but what I spoke of is the EFFECT of their ruling. Here's another's take on it:
'This is absurd': A legal expert unpacks the hidden agenda behind the Supreme Court's 'pernicious' decision - Alternet.org
Such a mandate could be enacted directly by the POTUS but the SCOTUS detailed strict limitations when this special process could be utilized. It would have to be a new and sudden threat of National Security importance of such severe onset it would preclude the legislative process from acting in time. Even then, such an order by the POTUS would have to give due deference to the Congress by designing the Executive Order in a manner which avoided actions of a permanent nature limiting options of the Congress. SCOTUS ruled mandating vaccines would be permanent and couldn't be undone by future Congressional action. A temporary stay at home order or masks would give due deference. Such special cases would have to be clearly in the interests of and reason to believe it would be supported by The People and the Congress. This is obviously not the case. Congress has had time to pass such a mandate and chose not to. Executive Orders cannot override the powers given to the state and the People also. Basically the SCOTUS bitch slapped Biden for overstepping his bounds. And OSHA too. It said OSHA authority was limited to no more than adjusting the distance between cubicles and requiring masks INSIDE THE WORKPLACE. OSHA also did not have the authority to require businesses pay for testing. And testing would have to go through the budgeting process and paid for by the government.
If you believe the vaccine mandates are wise then petition your congressman to pass legislation mandating vaccines. You can't undermine the Constitution because you believe your are right and the majority opinion isn't. And you can't enact laws outside the confines of the Constitutionally defined process.