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Understanding and Breaking Down the Supreme Court Ruling on OSHA Mandates ----- Key Parts --- Everyone Should Be Proud and Empowered

 
Anonymous Coward
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01/13/2022 05:33 PM
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Re: Understanding and Breaking Down the Supreme Court Ruling on OSHA Mandates ----- Key Parts --- Everyone Should Be Proud and Empowered
The same should hold true for children in schools .
 Quoting: Anonymous Coward 80320766


Now that they have made this monumental decision, lawyers, and lower courts will decide how to further interpret their decision, but it will result in a tsunami of lawsuits of companies that have overstepped their authorities. Can you say massive court clogging?


Final State by Justice Gorsuch. Historic Opinion that will go down in history. siren2

"The question before us is not how to respond to the pandemic, but who holds the power to do so. The answer is
clear: Under the law as it stands today, that power rests
Cite as: 595 U. S. ____ (2022) 7
with the States and Congress, not OSHA. In saying this
much, we do not impugn the intentions behind the agency’s
mandate. Instead, we only discharge our duty to enforce
the law’s demands when it comes to the question who may
govern the lives of 84 million Americans. Respecting those
demands may be trying in times of stress. But if this Court
were to abide them only in more tranquil conditions, declarations of emergencies would never end and the liberties
our Constitution’s separation of powers seeks to preserve
would amount to little."

 Quoting: Mangia


This point is crucial. This says that dictatorial powers during pandemics or emergencies would end the republic, and separation of powers, as everyone knows it would, for they could do what Hitler did and continually extend the emergency. The Constitution and States rights does not just abide well in fair times, but in all times.
 Quoting: Sungaze_At_Dawn


It is also my Humble Opinion this is going to put some massive legal pressure on Canada to follow suit. If I were Trudeau I'd be looking for another country to move to.
 Quoting: Mangia

I think this will have reverberations around the world. For better or worse the US is still considered a "world leader" and their highest court has shot vaccine mandate out of the sky.

It won't be as easy for tyrants in other countries to convince their populace that this is "for the greater good."
Anonymous Coward
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01/13/2022 05:34 PM
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Re: Understanding and Breaking Down the Supreme Court Ruling on OSHA Mandates ----- Key Parts --- Everyone Should Be Proud and Empowered
Thanks for the great summary, OP!
 Quoting: Anonymous Coward 64661628


Thanks! I could go into more detail, but it's pointless until we see how this unfolds, but it was absolutely history in the making.


My faith is truly restored in our highest court, the 3rd Branch of our government, and the justices that hold those seats. banana2
 Quoting: Mangia


Where does Congress gets it authority?
Anonymous Coward
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01/13/2022 05:35 PM
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Re: Understanding and Breaking Down the Supreme Court Ruling on OSHA Mandates ----- Key Parts --- Everyone Should Be Proud and Empowered
Thank you OP!
muaythaiguy1

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01/13/2022 05:35 PM
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Re: Understanding and Breaking Down the Supreme Court Ruling on OSHA Mandates ----- Key Parts --- Everyone Should Be Proud and Empowered
I work at CVS and the company has a mandate where I need to be fully vaccinated by March 31st or I get fired. Does this ruling mean they can not force the vaccine anymore?
It's the end of the world and I feel fine
Anonymous Coward
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01/13/2022 05:36 PM
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Re: Understanding and Breaking Down the Supreme Court Ruling on OSHA Mandates ----- Key Parts --- Everyone Should Be Proud and Empowered
Which branch of Government does the American Bar Association belong to?
Anonymous Coward (OP)
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01/13/2022 05:38 PM
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Re: Understanding and Breaking Down the Supreme Court Ruling on OSHA Mandates ----- Key Parts --- Everyone Should Be Proud and Empowered
Thanks for the great summary, OP!
 Quoting: Anonymous Coward 64661628


Thanks! I could go into more detail, but it's pointless until we see how this unfolds, but it was absolutely history in the making.


My faith is truly restored in our highest court, the 3rd Branch of our government, and the justices that hold those seats. banana2
 Quoting: Mangia


Where does Congress gets it authority?
 Quoting: Anonymous Coward 79508218


It's supposed to be from the people they represent, however, they are lobbyists puppets and boot-lickers these days voted in by blatant fraud, so that is why our SCOTUS actually saved us.
fritzberkowitz

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01/13/2022 05:38 PM
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Re: Understanding and Breaking Down the Supreme Court Ruling on OSHA Mandates ----- Key Parts --- Everyone Should Be Proud and Empowered
In case, people haven't grasped the full impact of this ruling it was a historically political decision, that frankly saved us from Civil unrest, and maybe even a civil war. It also neutered so many liberals today, including their own 3 liberal justices it's not even funny. Even the 3 dissents say they didn't dissent what was in the ruling today, but something else.


We are absolutely living in a historic moment.
 Quoting: Mangia


There were millions of Americans ready to go to war over this. That's for sure.
 Quoting: Anonymous Coward 77938233


THIS^^^^^^^^^^^^^^^^^^^
fritz
WifeOfHusband

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01/13/2022 05:39 PM
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Re: Understanding and Breaking Down the Supreme Court Ruling on OSHA Mandates ----- Key Parts --- Everyone Should Be Proud and Empowered
I'm not a lawyer, however, I do understand the legal jargon, so I'll try to put it in some layman's terms.


Why OHSA and Congress got their asses handed to them, and now is Supreme Court Case Law forever, so no turning back. All the political Karen's and Ken's in power screwed themselves by ignoring the separation of powers, previous case law, legal doctrines, and the US constitution.

[link to www.supremecourt.gov (secure)]

Congress Failed and so did OSHA:

Justice Gorsuch concurring: page 11/30


"And when it comes to that obligation, this
Court has established at least one firm rule: “We expect
Congress to speak clearly”
if it wishes to assign to an executive agency decisions “of vast economic and political significance.” Alabama Assn. of Realtors v. Department of
Health and Human Servs., 594 U. S. ___, ___ (2021) (per curiam) (slip op., at 6) (internal quotation marks omitted). We sometimes call this the major questions doctrine. Gundy v.United States, 588 U. S. ___, ___ (2019) (GORSUCH, J., dissenting) (slip op., at 20).

OSHA’s mandate fails that doctrine’s test. The agency
claims the power to force 84 million Americans to receive a
vaccine or undergo regular testing. By any measure, that
is a claim of power to resolve a question of vast national
significance. Yet Congress has nowhere clearly assigned so much power to OSHA. Approximately two years have
passed since this pandemic began
; vaccines have been
Cite as: 595 U. S. ____ (2022) 3"
 Quoting: Mangia


Don't forget the part where they inadvertently made it impossible for you to sue your employer for being sick, even if your employer forces you to work during any kind of outbreak.

And one could even interpret what was said to include injuries from ANYthing that is a 'daily' risk to people, outside of the workplace.
Anonymous Coward (OP)
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01/13/2022 05:39 PM
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Re: Understanding and Breaking Down the Supreme Court Ruling on OSHA Mandates ----- Key Parts --- Everyone Should Be Proud and Empowered
I work at CVS and the company has a mandate where I need to be fully vaccinated by March 31st or I get fired. Does this ruling mean they can not force the vaccine anymore?
 Quoting: muaythaiguy1


That's exactly what it means. They cannot force businesses to mandate now. A win for you and many others.
WifeOfHusband

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01/13/2022 05:39 PM
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Re: Understanding and Breaking Down the Supreme Court Ruling on OSHA Mandates ----- Key Parts --- Everyone Should Be Proud and Empowered
I work at CVS and the company has a mandate where I need to be fully vaccinated by March 31st or I get fired. Does this ruling mean they can not force the vaccine anymore?
 Quoting: muaythaiguy1


Nope. They can still fire you if you do not comply with their own company's policies.
WifeOfHusband

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01/13/2022 05:40 PM
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Re: Understanding and Breaking Down the Supreme Court Ruling on OSHA Mandates ----- Key Parts --- Everyone Should Be Proud and Empowered
I work at CVS and the company has a mandate where I need to be fully vaccinated by March 31st or I get fired. Does this ruling mean they can not force the vaccine anymore?
 Quoting: muaythaiguy1


That's exactly what it means. They cannot force businesses to mandate now. A win for you and many others.
 Quoting: Mangia


Wrong - the GOVERNMENT can't force a business to force you.

The business can still force you if they want.
Malleus

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01/13/2022 05:40 PM
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Re: Understanding and Breaking Down the Supreme Court Ruling on OSHA Mandates ----- Key Parts --- Everyone Should Be Proud and Empowered
It's a crap ruling. Still allows mandate for health care workers. And the OSHA ruling still weak, implying that if Cogress were to give approval, it would be constitutional. Allows private businesses to mandate jabs, etc. This should have been a clear declaration that it is against our civil rights to be forced to inject anything.

Juan Star for this crappy thread.

Last Edited by Malleus on 01/13/2022 05:41 PM
@MoonPie

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01/13/2022 05:41 PM

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Re: Understanding and Breaking Down the Supreme Court Ruling on OSHA Mandates ----- Key Parts --- Everyone Should Be Proud and Empowered
The same should hold true for children in schools .
 Quoting: Anonymous Coward 80320766


Now that they have made this monumental decision, lawyers, and lower courts will decide how to further interpret their decision, but it will result in a tsunami of lawsuits of companies that have overstepped their authorities. Can you say massive court clogging?


Final State by Justice Gorsuch. Historic Opinion that will go down in history. siren2

"The question before us is not how to respond to the pandemic, but who holds the power to do so. The answer is
clear: Under the law as it stands today, that power rests
Cite as: 595 U. S. ____ (2022) 7
with the States and Congress, not OSHA. In saying this
much, we do not impugn the intentions behind the agency’s
mandate. Instead, we only discharge our duty to enforce
the law’s demands when it comes to the question who may
govern the lives of 84 million Americans. Respecting those
demands may be trying in times of stress. But if this Court
were to abide them only in more tranquil conditions, declarations of emergencies would never end and the liberties
our Constitution’s separation of powers seeks to preserve
would amount to little."

 Quoting: Mangia


"Can you say massive court clogging?"


Good! Clog that Fucker UP!!!

“Shallow men believe in luck or in circumstance. Strong men believe in cause and effect.” – Ralph Waldo Emerson

“Three great forces rule the world: stupidity, fear and greed.” — Albert Einstein.

"Truth does not mind being questioned. A lie does" — Janis Ian
EyesWideShut14

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01/13/2022 05:41 PM
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Re: Understanding and Breaking Down the Supreme Court Ruling on OSHA Mandates ----- Key Parts --- Everyone Should Be Proud and Empowered
I still have to test weekly at my job in Texas.
 Quoting: EyesWideShut14


Even OSHA would have allowed for medical and religious exemptions from testing and masks. Why not submit a religious exemption?
 Quoting: Truth2free


I’m not sure what kind of religious exemption to come up with to not test. They want to know the specific religion.
 Quoting: EyesWideShut14



I don’t belong to an organized religion. Can I still do a religious exemption?

Yes, you can. The law does not require you to belong to any organized religion, church, group, etc. Your own sincerely-held spiritual beliefs that guide your life, your choices, your actions is enough. We can help you in this area as well.

[link to www.thehealthyamerican.org (secure)]
 Quoting: Anonymous Coward 79829163


Thank you for the link!
TerraFirma's Esoterrorist

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01/13/2022 05:41 PM
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Re: Understanding and Breaking Down the Supreme Court Ruling on OSHA Mandates ----- Key Parts --- Everyone Should Be Proud and Empowered
fotus
"Keep a weather eye to the chart on high and go home another way"

–James Taylor Never Die Young
Anonymous Coward
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01/13/2022 05:41 PM
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Re: Understanding and Breaking Down the Supreme Court Ruling on OSHA Mandates ----- Key Parts --- Everyone Should Be Proud and Empowered
I work at CVS and the company has a mandate where I need to be fully vaccinated by March 31st or I get fired. Does this ruling mean they can not force the vaccine anymore?
 Quoting: muaythaiguy1

It means they no longer have a government mandate to back up their position. Which means they are now on shaky ground legally. You should document everything you can, and do not quit.

You should also inquire with your employer, that if you take the vaccine are they prepared to assume liability for your injury or death?
WifeOfHusband

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01/13/2022 05:43 PM
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Re: Understanding and Breaking Down the Supreme Court Ruling on OSHA Mandates ----- Key Parts --- Everyone Should Be Proud and Empowered
Blah blah blah. Companies will now fire the unvaxxed.
 Quoting: Anonymous Coward 77080852


and face a million lawsuits...just admit it, this is big news for us anti-vaxxers...sorry you're a loser
 Quoting: Head2Bunkers


Yep, but that will be completely separate from what happened today - totally irrelevant.

The SC will also rule in favor of businesses. I guarantee you that with 100% certainty.
Malleus

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01/13/2022 05:43 PM
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Re: Understanding and Breaking Down the Supreme Court Ruling on OSHA Mandates ----- Key Parts --- Everyone Should Be Proud and Empowered
Let's put it this way. Companies that mandated are collective and legally shitting themselves currently. Emergency meetings are going on as we speak for damage control.
 Quoting: Mangia


bsflag
Anonymous Coward
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01/13/2022 05:43 PM
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Re: Understanding and Breaking Down the Supreme Court Ruling on OSHA Mandates ----- Key Parts --- Everyone Should Be Proud and Empowered
Which branch of Government does the American Bar Association belong to?
 Quoting: Anonymous Coward 79508218


Does anyone know?
Anonymous Coward (OP)
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01/13/2022 05:44 PM
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Re: Understanding and Breaking Down the Supreme Court Ruling on OSHA Mandates ----- Key Parts --- Everyone Should Be Proud and Empowered
I work at CVS and the company has a mandate where I need to be fully vaccinated by March 31st or I get fired. Does this ruling mean they can not force the vaccine anymore?
 Quoting: muaythaiguy1


That's exactly what it means. They cannot force businesses to mandate now. A win for you and many others.
 Quoting: Mangia


Wrong - the GOVERNMENT can't force a business to force you.

The business can still force you if they want.
 Quoting: WifeOfHusband


Sure anyone can force anyone to do anything if they submissively comply, however, that doesn't make it lawful, or legal now does it.

Lawyers suck until people need them, but these days we're going to need them more than ever. Submissive and apathetic people will always get bullied and tortured because that is the role they play, but that doesn't mean it's right, or legal. In this case, people have legal recourse to sue now.
Malleus

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01/13/2022 05:45 PM
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Re: Understanding and Breaking Down the Supreme Court Ruling on OSHA Mandates ----- Key Parts --- Everyone Should Be Proud and Empowered
however, I do understand the legal jargon
 Quoting: Mangia


No you don't. Stop LARPing.
WifeOfHusband

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01/13/2022 05:45 PM
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Re: Understanding and Breaking Down the Supreme Court Ruling on OSHA Mandates ----- Key Parts --- Everyone Should Be Proud and Empowered
The ONLY brightside I see to upcoming lawsuits against businesses is one caveat: does their policy say "as per OSHA guidelines," or was it enforced based solely on company policy.

But the SCOTUS will still declare that businesses have a right to require 'x, y, or z' to be employed.
Anonymous Coward
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01/13/2022 05:46 PM
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Re: Understanding and Breaking Down the Supreme Court Ruling on OSHA Mandates ----- Key Parts --- Everyone Should Be Proud and Empowered
I work at CVS and the company has a mandate where I need to be fully vaccinated by March 31st or I get fired. Does this ruling mean they can not force the vaccine anymore?
 Quoting: muaythaiguy1


That's exactly what it means. They cannot force businesses to mandate now. A win for you and many others.
 Quoting: Mangia


Wrong - the GOVERNMENT can't force a business to force you.

The business can still force you if they want.
 Quoting: WifeOfHusband


Sure anyone can force anyone to do anything if they submissively comply, however, that doesn't make it lawful, or legal now does it.

Lawyers suck until people need them, but these days we're going to need them more than ever. Submissive and apathetic people will always get bullied and tortured because that is the role they play, but that doesn't mean it's right, or legal. In this case, people have legal recourse to sue now.
 Quoting: Mangia


Do you need a lawyer to understand the branches of Government?
Disenfranchised Godzilla1980
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Re: Understanding and Breaking Down the Supreme Court Ruling on OSHA Mandates ----- Key Parts --- Everyone Should Be Proud and Empowered
I work at CVS and the company has a mandate where I need to be fully vaccinated by March 31st or I get fired. Does this ruling mean they can not force the vaccine anymore?
 Quoting: muaythaiguy1


Yep
For the ACs..there is NOTHING that you can do to me on this platform..you can throw all the insults you want won’t do a thing because IDGAF

If you give me red don’t be a pussy and put your name on it. Have the balls to stand by what you say
WifeOfHusband

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Re: Understanding and Breaking Down the Supreme Court Ruling on OSHA Mandates ----- Key Parts --- Everyone Should Be Proud and Empowered
I work at CVS and the company has a mandate where I need to be fully vaccinated by March 31st or I get fired. Does this ruling mean they can not force the vaccine anymore?
 Quoting: muaythaiguy1


That's exactly what it means. They cannot force businesses to mandate now. A win for you and many others.
 Quoting: Mangia


Wrong - the GOVERNMENT can't force a business to force you.

The business can still force you if they want.
 Quoting: WifeOfHusband


Sure anyone can force anyone to do anything if they submissively comply, however, that doesn't make it lawful, or legal now does it.

Lawyers suck until people need them, but these days we're going to need them more than ever. Submissive and apathetic people will always get bullied and tortured because that is the role they play, but that doesn't mean it's right, or legal. In this case, people have legal recourse to sue now.
 Quoting: Mangia


Your claims will not age well. I'll just leave it at that.

Some businesses may end up paying, if they based their policy on the OSHA requirement, but if they just passed it as a general policy, and maintain that policy, they won't lose.

It's a business, not a government.
JB1969

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01/13/2022 05:48 PM
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Re: Understanding and Breaking Down the Supreme Court Ruling on OSHA Mandates ----- Key Parts --- Everyone Should Be Proud and Empowered
Blah blah blah. Companies will now fire the unvaxxed.
 Quoting: Anonymous Coward 77080852


and face a million lawsuits...just admit it, this is big news for us anti-vaxxers...sorry you're a loser
 Quoting: Head2Bunkers


This..so either they have to drop it, find some middle ground solution or go belly up from lawsuits
 Quoting: Disenfranchised Godzilla1980


Companies will drop the mandates. I predict this whole covid nonsense will be over by Spring. It’s unraveled on the quickly and it’s going to get worse. They’ll say omicron was a blessing and caused herd immunity.
JB
Anonymous Coward
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01/13/2022 05:49 PM
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Re: Understanding and Breaking Down the Supreme Court Ruling on OSHA Mandates ----- Key Parts --- Everyone Should Be Proud and Empowered
and it can also did not afford any such power to mandate such actions in private companies to private individuals.


nice
Anonymous Coward
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01/13/2022 05:49 PM
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Re: Understanding and Breaking Down the Supreme Court Ruling on OSHA Mandates ----- Key Parts --- Everyone Should Be Proud and Empowered
Still worse than it was before bc now healthcare work is mandated and businesses can still impose their own mandates with impunity.
Anonymous Coward
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01/13/2022 05:49 PM
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Re: Understanding and Breaking Down the Supreme Court Ruling on OSHA Mandates ----- Key Parts --- Everyone Should Be Proud and Empowered
Nothing is forever as SCOTUS has reversed itself before, in fact 145 times. A low percentile for sure but Congress can propose law, pass it, President signs it and everything would start over again, so its not necessarily permanent.
 Quoting: Anonymous Coward 76509910

It bought time and probably saved a lot of lives from being ruined. Now, whatever nefarious plans are in the works to circumvent this ruling will take time to implement.
During that time, more and more vaxxed will die, either from the vax itself, or covid/ADE and this will eventually be impossible to hide with social media and MSM censorship.
 Quoting: Short Circuit


clappa
Anonymous Coward
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01/13/2022 05:50 PM
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Re: Understanding and Breaking Down the Supreme Court Ruling on OSHA Mandates ----- Key Parts --- Everyone Should Be Proud and Empowered
These scum allowed this too ...
The vaccine mandate for healthcare workers vote was 5-4 with Thomas, Alito, Gorsuch, and Barrett in dissent, which means Roberts and Kavanaugh joined liberal justices in allowing the HHS mandate on healthcare workers to stand.

What was needed was a firm affirmation that the government has no right to force people to take injections.

That didn't happen. From the ruling:
Permitting OSHA to regulate the hazards of daily life - simply because most Americans have jobs and face those same risks while on the clock - would significantly expand OSHA’s regulatory authority without clear congressional authorization.

So, basically, they're saying that if Congress were to "authorize" it, then it could stand.
 Quoting: Anonymous Coward 79094923


Some smaller and nimble medical clinics may just drop Medicare and Medicaid patients





GLP