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Biden’s Moribund Vaccine Mandate

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Posted By: Garnet, 11/15/2021 5:24:44 AM

The Biden administration will inevitably ask the Supreme Court to review last Friday’s decision by the 5th Circuit Court of Appeals to halt its vaccine mandate. The effort is likely to be futile, however. Writing for the appeals court, Judge Kurt Engelhardt confidently predicted that the mandate’s challengers “are likely to succeed on the merits” under judicial review. Engelhardt took particular exception to the attempt to impose the mandate through the Occupational Safety and Health Administration (OSHA), pointing out that the Constitution’s Commerce Clause and the nondelegation doctrine preclude OSHA from making such “sweeping pronouncements on matters of public health affecting every member of society in the profoundest of ways.”

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Reply 1 - Posted by: Enoch Powell 11/15/2021 5:52:24 AM (No. 977911)
A vaccine that isn't really a vaccine, mandated by a president who isn't really our president... lol.
48 people like this.

Reply 2 - Posted by: mifla 11/15/2021 6:59:30 AM (No. 977942)
Even Roberts can't screw this one up. The Appeals court made mincemeat of the mandate.
16 people like this.

Reply 3 - Posted by: privateer 11/15/2021 7:06:29 AM (No. 977950)
Biden's moribund....says it all. The sooner the better. At least Scamala is a figure of derision no one hesitates to deride. Could be fun.
8 people like this.

Reply 4 - Posted by: LanceLink1 11/15/2021 7:13:54 AM (No. 977959)
I guess the oath to defend the Constitution means to develop says to get around it? Isn't that an impeachable offense?
11 people like this.

Reply 5 - Posted by: Jethro bo 11/15/2021 9:13:32 AM (No. 978047)
Never ever underestimate Chief Just-Us Roberts and the other looney left Just-Uses to invite constitutional rights out of thin air to promote Democrat policies. It ain't the Supreme Joke for nothing!
8 people like this.

Reply 6 - Posted by: Strike3 11/15/2021 9:50:08 AM (No. 978110)
However the government mangles the Constitution they still can't override the higher law, Thou Shalt Not Kill. Forcing the jab on people is like forcing them to participate in a game of Russian Roulette.
7 people like this.

Reply 7 - Posted by: stablemoney 11/15/2021 9:51:49 AM (No. 978113)
The Biden administration and the Democrats do not follow any other law, including election law. I doubt they are going to follow a SC ruling.
4 people like this.

Reply 8 - Posted by: mc squared 11/15/2021 9:57:23 AM (No. 978123)
Roberts may call it a tax and give it thumbs up.
5 people like this.

Reply 9 - Posted by: Luke21 11/15/2021 11:47:06 AM (No. 978285)
They often tell us we will win and then we lose. It's a favorite liberal technique. See the recent budget bill.
2 people like this.

Reply 10 - Posted by: Zarin 11/15/2021 11:59:08 AM (No. 978296)
Don't bet on the immoral, unethical & unconstiturional mandate not getting more people 'vaccinated'. This was designed to force the companies - big & small - to coerce their workers to get the jab - and make more $$$ for the drug companies - plus kickbacks for the pols. May God help us if these shots also contain some components that may ruin immune systems or cause sterility in our kids.
2 people like this.

Reply 11 - Posted by: DVC 11/15/2021 12:52:21 PM (No. 978365)
An excellent discussion of the legal points of the case, but he misses the practical 'mechanics' of the situation in the review by the Supreme Court. If an 'emergency application' is made, it will go to the justice assigned to that district, in the case of the 5th, this is Justice Alito. Quoting from the Supreme Court's own document "A Reporter's Guide to Procedures for Applications"... "Case law has established four general criteria that the applicant normally must satisfy in order for the Court to grant a stay. They are: 1. that there is a “reasonable probability” that four Justices will grant certiorari, or agree to review the merits of the case; 2. that there is a “fair prospect” that a majority of the Court will conclude upon review that the decision below on the merits was erroneous; 3. that irreparable harm will result from the denial of the stay; 4. finally, in a close case, the Circuit Justice may find it appropriate to balance the equities, by exploring the relative harms to the applicant and respondent, as well as the interests of the pub- lic at large. So, Justice Alito seems likely to do the first of the "possible actions" that they list in the document, which is to "deny without comment or explanation". However, in this case the Biden folks can re-apply to another Justice of their choice...likely Breyer or Sotamayer, I would bet. If rejected again, they can continue this process with each justice....although the statement in the Reporter's Guide says "In practice, renewed applications [after rejection by the Circuit Justice] usually are referred to the full Court to avoid such a prolonged procedure." So, if Alito denies the motion, it's likely that Garland would immediately ask for the whole court to review. Still...the chances of this totalitarian mandate prevailing seem very dim, based on the written opinion of the Appeals Court judges being quite harsh against the legality of the mandate. Here is a link to the entire Reporter's Guide for those who are interested. https://www.supremecourt.gov/publicinfo/reportersguide.pdf
4 people like this.

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