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Supreme Court Appears Skeptical Of Brandon Vaccine Mandates

From ZeroHedge,

Update (1446ET): Aside from the utter lack of basic knowledge of Covid-19 exhibited by some of the USSC Justices (see below), the court seemed skeptical of the Biden administration's claim that it has the authority to force vaccine mandates on over 84 million private sector employees.

"OSHA’s sweeping regulatory dictate," will "irreparably injure the very businesses that Americans have counted on to widely distribute COVID-19 vaccines and protective equipment to save lives—and to keep them fed, clothed, and sustained during this now two-year-long pandemic," argued the National Federation of Independent Business (NFIB) vs. the Department of Labor, in the Court's first hearing.

The mandate will "convert hundreds of thousands of businesses into de facto public health agencies for two-thirds of America’s private employees," the continued.

In the second case, Biden v. Missouri, the federal government is attempting to lift lower court stays which have blocked the enforcement of a Nov. 4, 2021 emergency regulation from the Department of Health and Human Services, the Epoch Times reports.


Via Matthew Vadum via The Epoch Times

During oral arguments on the private sector mandate, Chief Justice John Roberts said the federal government appears to be overreaching.

The executive branch is attempting to “cover the waterfront” by imposing COVID-19 policies on the population at large instead of leaving the matter to Congress, Roberts said.

“This has been referred to … as a workaround,” he said. “This is something that the federal government hasn’t done before.”

This pandemic “sounds like the sort of thing that states will be responding to or should be and Congress should be responding to or should be, rather than agency by agency the federal government and the executive branch acting alone,” the chief justice said.

Justice Neil Gorsuch said health regulations normally fall to the states.

“If there is an ambiguity, why isn’t this a major question that therefore belongs to the people’s representatives in the states and in the halls of Congress?” he said.

NFIB attorney Scott A. Keller said OSHA’s “economy-wide, one-size-fits-all mandate covering 84 million Americans is not a necessary and indispensable use of OSHA’s extraordinary emergency power which this court has recognized is narrowly circumscribed.”

Keller noted that three days ago the U.S. Postal Service told OSHA that the mandate requirements “are so burdensome for employers that the federal government is now seeking an exemption from its own mandate for the Postal Service.”

“That’s because OSHA’s economy-wide mandate would cause permanent worker displacement rippling through our national economy, which is already experiencing labor shortages and fragile supply lines. OSHA has never before mandated vaccines or widespread testing,” he said.

OSHA, “a single federal agency tasked with occupational standards, cannot commandeer businesses economy-wide,” Keller said.

Justice Elena Kagan said federal agencies have expertise in disease management and suggested OSHA has the authority to make the mandate because “this is a pandemic in which nearly a million people have died.”

“It is by far the greatest public health danger that this country has faced in the last century. More and more people are dying every day; more and more people are getting sick every day,” she said.

Keller said he did not contest “that COVID is a grave danger … but the agency has to consider and explain alternatives.” OSHA, instead “jumped immediately to a vaccine or testing mandate.”

The second hearing, dealing with the health care worker mandate, was underway at press time.

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