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Prediction: SCOTUS will toss vaccine mandate for large business employees, uphold it for healthcare workers
Prediction: SCOTUS will toss vaccine mandate for large business employees, uphold it for healthcare workers
This particular battle always gets shockingly little media attention. Based on what I'm reading here - https://www.cbsnews.com/live-updates/su ... ule-biden/ - it sounds like the majority of the Supreme Court finds Biden's mandate for employers with 100+ employees to get vaccinated as overly broad, but has no problem with the Centers for Medicare and Medicaid Services mandating healthcare workers to get vaccinated.
So my prediction is that the first gets tossed, the latter gets upheld.
So my prediction is that the first gets tossed, the latter gets upheld.
- craig11152
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- Location: Ann Arbor
Re: Prediction: SCOTUS will toss vaccine mandate for large business employees, uphold it for healthcare workers
In the interest of honesty "Biden's mandate for employers with 100+ employees to get vaccinated" was actually a mandate to get vaccinated or wear a mask and get tested weekly.
Last edited by craig11152 on Sat Jan 08, 2022 11:28 am, edited 1 time in total.
I no longer directly engage trolls
Re: Prediction: SCOTUS will toss vaccine mandate for large business employees, uphold it for healthcare workers
I thought they dropped the "weekly tested" part after a few weeks? Or was that just for some subset of folks?craig11152 wrote: ↑Sat Jan 08, 2022 9:38 amIn the interest of honesty "Biden's mandate for employers with 100+ employees to get vaccinated" was actually a mandate to get vaccinated or wear a mask and get tested weekly.
But I guess the truth doesn't much matter to people now days.
- craig11152
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- Location: Ann Arbor
Re: Prediction: SCOTUS will toss vaccine mandate for large business employees, uphold it for healthcare workers
Not sure on that but the point is it wasn't a vaccinate or your fired thing I don't believe. There was an option B if you didn't want a shot.km1125 wrote: ↑Sat Jan 08, 2022 10:38 amI thought they dropped the "weekly tested" part after a few weeks? Or was that just for some subset of folks?craig11152 wrote: ↑Sat Jan 08, 2022 9:38 amIn the interest of honesty "Biden's mandate for employers with 100+ employees to get vaccinated" was actually a mandate to get vaccinated or wear a mask and get tested weekly.
But I guess the truth doesn't much matter to people now days.
I no longer directly engage trolls
Re: Prediction: SCOTUS will toss vaccine mandate for large business employees, uphold it for healthcare workers
This case boils down to if the Executive Branch of the Federal Government has the power to mandate a vaccine under our Constitution. I say they do not without Congress passing a law. Even if Congress passes said law, it might not pass constitutional muster either.
Keep in mind, there is NO precedence for the Federal Government, much less the executive branch, mandating such a thing.
Keep in mind, there is NO precedence for the Federal Government, much less the executive branch, mandating such a thing.
New York and Chicago were all in with respect to their sanctuary status — until they were hit with the challenge of actually providing sanctuary. In other words, typical liberal hypocrisy.
Re: Prediction: SCOTUS will toss vaccine mandate for large business employees, uphold it for healthcare workers
The whole "or plan B" thing is a giant red herring IMO. If either part of the "or" is unconstitutional, then the whole thing is unconstitutional.
What if there was a mandate that said "you must go to church every Sunday, or you can choose to simply stay home from work" ? Would you say this is a violation of the separation of Church and State, or would you say "hey, at least there's a plan B, and people need to be more honest that there is in fact a Plan B."
What if there was a mandate that said "you must go to church every Sunday, or you can choose to simply stay home from work" ? Would you say this is a violation of the separation of Church and State, or would you say "hey, at least there's a plan B, and people need to be more honest that there is in fact a Plan B."
Re: Prediction: SCOTUS will toss vaccine mandate for large business employees, uphold it for healthcare workers
Can the government legally mandate a vaccine?
Yes, they can. The government has done so since at least 1904, when the right of government to impose vaccines was established by the Supreme Court in Jacobson v. Massachusetts. In a 7-to-2 ruling, the Court said Cambridge, Massachusetts could require all adults to be vaccinated against smallpox.
Yes, they can. The government has done so since at least 1904, when the right of government to impose vaccines was established by the Supreme Court in Jacobson v. Massachusetts. In a 7-to-2 ruling, the Court said Cambridge, Massachusetts could require all adults to be vaccinated against smallpox.
Re: Prediction: SCOTUS will toss vaccine mandate for large business employees, uphold it for healthcare workers
That's not the question, and there are multiple red herrings there as well.
First, the question isn't whether states can issue such mandates.
Second, the question isn't about the government directly mandating people to get vaccinated, but rather, about the government mandating that employers mandate that employees get vaccinated. The constitutional question here is whether the President, through executive action, can direct a regulatory body of the Department of Labor, to force upon large employers the burden of ensuring that their employees are vaccinated.
First, the question isn't whether states can issue such mandates.
Second, the question isn't about the government directly mandating people to get vaccinated, but rather, about the government mandating that employers mandate that employees get vaccinated. The constitutional question here is whether the President, through executive action, can direct a regulatory body of the Department of Labor, to force upon large employers the burden of ensuring that their employees are vaccinated.
Re: Prediction: SCOTUS will toss vaccine mandate for large business employees, uphold it for healthcare workers
Sotomayor is a liar or an idiot.
Voting for Trump is dumber than playing Russian Roulette with fully loaded chambers.
Re: Prediction: SCOTUS will toss vaccine mandate for large business employees, uphold it for healthcare workers
STATE governments are a whole different ball game than the FEDERAL government. States rights and all.zzand wrote: ↑Sat Jan 08, 2022 12:18 pmCan the government legally mandate a vaccine?
Yes, they can. The government has done so since at least 1904, when the right of government to impose vaccines was established by the Supreme Court in Jacobson v. Massachusetts. In a 7-to-2 ruling, the Court said Cambridge, Massachusetts could require all adults to be vaccinated against smallpox.
New York and Chicago were all in with respect to their sanctuary status — until they were hit with the challenge of actually providing sanctuary. In other words, typical liberal hypocrisy.
Re: Prediction: SCOTUS will toss vaccine mandate for large business employees, uphold it for healthcare workers
At one point the SC also allowed slavery too. Were they right or wrong on that one?zzand wrote: ↑Sat Jan 08, 2022 12:18 pmCan the government legally mandate a vaccine?
Yes, they can. The government has done so since at least 1904, when the right of government to impose vaccines was established by the Supreme Court in Jacobson v. Massachusetts. In a 7-to-2 ruling, the Court said Cambridge, Massachusetts could require all adults to be vaccinated against smallpox.
Or both. I saw a few of her comments posted the other day. Crazy loon
Re: Prediction: SCOTUS will toss vaccine mandate for large business employees, uphold it for healthcare workers
She struggles to understand normal thinking.km1125 wrote: ↑Sat Jan 08, 2022 4:32 pmAt one point the SC also allowed slavery too. Were they right or wrong on that one?zzand wrote: ↑Sat Jan 08, 2022 12:18 pmCan the government legally mandate a vaccine?
Yes, they can. The government has done so since at least 1904, when the right of government to impose vaccines was established by the Supreme Court in Jacobson v. Massachusetts. In a 7-to-2 ruling, the Court said Cambridge, Massachusetts could require all adults to be vaccinated against smallpox.
Or both. I saw a few of her comments posted the other day. Crazy loon
Voting for Trump is dumber than playing Russian Roulette with fully loaded chambers.
- craig11152
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- Location: Ann Arbor
Re: Prediction: SCOTUS will toss vaccine mandate for large business employees, uphold it for healthcare workers
For starters I was just addressing your continued misrepresentation of the proposed regulation, not my armchair opinion on the constitutionality. The plan B is not a red herring at all it is a legitimate alternative to a vaccination. Its only a "red herring" to you because it is problematic to your anti-vaccine rants.bmw wrote: ↑Sat Jan 08, 2022 12:16 pmThe whole "or plan B" thing is a giant red herring IMO. If either part of the "or" is unconstitutional, then the whole thing is unconstitutional.
What if there was a mandate that said "you must go to church every Sunday, or you can choose to simply stay home from work" ? Would you say this is a violation of the separation of Church and State, or would you say "hey, at least there's a plan B, and people need to be more honest that there is in fact a Plan B."
The federal government requires me to take a drug test every two years as part of a DOT physical examination they require me to take. They also require me to take a random drug test any time my name is drawn. I am required to wear reflective high visibility clothing for my job. In my case that is an employer requirement. But the federal government through OSHA requires reflective clothing for certain occupations. In fact OSHA and MIOSHA are full of requirements that directly impact an employee. Hair nets, masks, gloves in food preparations etc.
I equate wearing a mask to wearing reflective clothing or hair nets or safety helmets. I equate a Covid test to drug testing both random and required, physical examinations.... a whole list of things required by the Government for certain jobs.
I no longer directly engage trolls
- craig11152
- Posts: 2078
- Joined: Tue Nov 06, 2007 8:15 am
- Location: Ann Arbor
Re: Prediction: SCOTUS will toss vaccine mandate for large business employees, uphold it for healthcare workers
Another way to look it was that large employers should require employees to wear a mask and get a weekly Covid test. But they could opt out of that with a vaccine.
I no longer directly engage trolls
Re: Prediction: SCOTUS will toss vaccine mandate for large business employees, uphold it for healthcare workers
I think they are moving to a different approach, realizing that the vaccines are not very effective at all against the new variants or virus, and there are so many “breakthrough” cases, particularly among celebrities and politicians. It may be a a way for Biden to save face while using the Supreme Court decision to back down.
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