Prediction: SCOTUS will toss vaccine mandate for large business employees, uphold it for healthcare workers

[bmw]

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.

[craig11152]

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.

[km1125]

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.
But I guess the truth doesn't much matter to people now days.

I thought they dropped the "weekly tested" part after a few weeks? Or was that just for some subset of folks?

[craig11152]

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.
But I guess the truth doesn't much matter to people now days.

I thought they dropped the "weekly tested" part after a few weeks? Or was that just for some subset of folks?

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.

[Bryce]

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.

[bmw]

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."

[zzand]

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.

[bmw]

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.

[Matt]

Sotomayor is a liar or an idiot.

[Bryce]

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.

STATE governments are a whole different ball game than the FEDERAL government. States rights and all.

[km1125]

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.

At one point the SC also allowed slavery too. Were they right or wrong on that one?

Sotomayor is a liar or an idiot.

Or both. I saw a few of her comments posted the other day. Crazy loon

[Matt]

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.

At one point the SC also allowed slavery too. Were they right or wrong on that one?

Sotomayor is a liar or an idiot.

Or both. I saw a few of her comments posted the other day. Crazy loon

She struggles to understand normal thinking.

[craig11152]

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."

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.

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.

[craig11152]

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.

[Ben Zonia]

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.