The Supreme Court took longer than I thought they would have to give their opinion on the OSHA rule. I tend to believe that they took their time due to the fact that OSHA wasn’t going to try and implement this until February.
Today the Supreme Court strikes down OSHA’s Unconstitutional Mandate 6-3. It seems we have 3 that may need to go back and read the Constitution.
We unfortunately saw Kavanaugh side with the more liberal justices to “mandate” this for Healthcare Workers. I am not surprised by this.
We saw Barrett side with the more conservative justices to dissent.
Gorsuch provided this concurrence:
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 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 by them only in more tranquil conditions, declarations of emergencies would never end and the liberties our Constitution’s separation of powers seek to preserve would amount to little.
Here is the GOOD: Supreme Court holds vaccine mandate for businesses is illegal. (gotta take a win when we get it!)
Here is the BAD: The opinion absolutely leaves room for another mandate, tailored differently.
And, the UGLY: The Court believes the feds had the power to pass the OSH Act – and get deeply involved in healthcare today.
It’s important to understand that the Supreme Court opinion today is largely based on the argument that Congress didn’t expressly authorize a vaccine mandate in the OSH Act of 1970.
So, if Congress does just that, we can count on SCOTUS to back up their power as they usually do. But, under the Constitution, the OSH Act of 1970 was unconstitutional from day one.
Whether Congress gets around to expanding their own power this year, or in 50 years, we shouldn’t be surprised about it – unless the people reject the foundation of it all.
That includes – no longer waiting for the federal government to limit its own power.
It’s up to the people to preserve their own Constitution.
So what can we do? We need to start our own Healthcare facilities! Let’s stop taking the government’s money! Most of all, we MUST REFUSE TO COMPLY WITH THEIR UNLAWFUL EDICTS.
Remember, you are still legally and federally protected when it comes to invoking your rights in the workplace. You ALWAYS have the option of requesting a Medical or Religious Accommodation.
Continue the fight.
You ARE making a difference!
This is the YEAR FOR WINS!!
“We have it in our power to begin the world over again.” – Thomas Paine
With Gratitude,
Bethany
The Healthy & Wise LLC
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