6th Circuit used Humpty-Dumpty theory of language to allow Biden's vaccine mandate

[johnwk]

False. The law was not struck down.

OK . . . blocks

 

[daveman]

Right, the authoritarian party is so transparent, Ray Charles can see the corruption.

Conservatives want government to leave people alone. Liberals want people under government control.

You are the totalitarians.

 

[daveman]

WOW, another, constitutional 'scholar' from Trump U.

Where in the constitution does it prohibit it?

The Constitution clearly defines the roles and duties of the Federal government. Beyond that, everything is reserved to the States or the People.

You don't know how the Constitution works.

 

[Smokin' OP]

Conservatives want government to leave people alone. Liberals want people under government control.

You are the totalitarians.

Sure we are, so who is sucking up to totalitarians?

August 2 2021
Tucker Carlson on Monday evening announced he would be broadcasting his show "Tucker Carlson Tonight" this week from Budapest, as he visits the Hungarian capital and meets with the country's populist prime minister, Viktor Orbán.
Carlson is also billed to speak Saturday at a far-right conference in Budapest called MCC Feszt.

Since he was elected in 2010, Orbán has received criticism from Western leaders and human-rights groups for his autocratic control of the media, judiciary, and human rights in Hungary.

Last year, the Hungarian parliament passed emergency laws that allowed Orbán to rule without term limits.

 

[Smokin' OP]

The Constitution clearly defines the roles and duties of the Federal government. Beyond that, everything is reserved to the States or the People.

Yes, it does and the executive branch is well within its rights.

As of September 2021, the employees of all federally-funded Medicaid and Medicare-certified health care facilities, and Head Start program facilities, must be vaccinated.

Companies with more than 100 employees may choose to require vaccination and must give their workers four hours' paid time off for their vaccination appointments; their unvaccinated employees (if any) must wear masks and be tested weekly for COVID-19, according to an Occupational Safety and Health Administration (OSHA) Emergency Temporary Standard.

These two policies together —federally-funded healthcare facilities and large companies— will apply to 100 million workers and are scheduled to take effect on January 4, 2022.

The Occupational Safety and Health Administration (OSHA /ˈoʊʃə/) is a large regulatory agency of the United States Department of Labor that originally had federal visitorial powers to inspect and examine workplaces.
  Congress established the agency under the Occupational Safety and Health Act (OSH Act), which President Richard M. Nixon signed into law on December 29, 1970.
OSHA's mission is to "assure safe and healthy working conditions for working men and women by setting and enforcing standards and by providing training, outreach, education and assistance".

You don't know how the Constitution works.

You don't know how the constitution or laws work.

 

[johnwk]

Conservatives want government to leave people alone. Liberals want people under government control.

Exactly! Today's Democrat Party Leadership is infested with Socialist Revolutionaries, the same kind that took over Cuba and now rule over the people with an iron fist!

JWK

The Democrat Party Leadership, once an advocate for hard working American citizens and their families, is now their most formidable domestic enemy.

 

[johnwk]

As of September 2021, the employees of all federally-funded Medicaid and Medicare-certified health care facilities, and Head Start program facilities, must be vaccinated.

Teachers win! Judge puts the brakes on Biden's vaccine mandate

See Judge strikes down President Joe Biden's vaccine mandate

JAN 2, 2022

"A federal judge has ruled that President Joe Biden cannot require teachers in the federal Head Start early education program to be vaccinated against COVID. Meanwhile, the Omicron variant surges through America, as daily cases surpass 386,000."


And, with regard to the Omicron variant see: One person in the US may have died from Omicron


It's time to learn to live with the outbreak and return to our normal daily lives.


JWK


The Democrat Party Leadership, once an advocate for hard working American citizens and their families, is now their most formidable domestic enemy.

 

[Smokin' OP]

Exactly! Today's Democrat Party Leadership is infested with Socialist Revolutionaries, the same kind that took over Cuba and now rule over the people with an iron fist!

JWK

The Democrat Party Leadership, once an advocate for hard working American citizens and their families, is now their most formidable domestic enemy.

Yeah, like these 'democrats.

Traitors.

 

[Smokin' OP]

Teachers win! Judge puts the brakes on Biden's vaccine mandate

See Judge strikes down President Joe Biden's vaccine mandate

JAN 2, 2022

"A federal judge has ruled that President Joe Biden cannot require teachers in the federal Head Start early education program to be vaccinated against COVID. Meanwhile, the Omicron variant surges through America, as daily cases surpass 386,000."


And, with regard to the Omicron variant see: One person in the US may have died from Omicron


It's time to learn to live with the outbreak and return to our normal daily lives.


JWK


The Democrat Party Leadership, once an advocate for hard working American citizens and their families, is now their most formidable domestic enemy.

Of course, a Trumptard.

Doughty, an appointee of then-President Donald Trump, wrote that the separation of powers is crucial to the country's founding and quoted former President Ronald Reagan, who said “the nine most terrifying words in the English language are, ‘I’m from the government and I’m here to help.’”

“If the Executive branch is allowed to usurp the power of the Legislative branch to make laws, then this country is no longer a democracy — it is a monarchy,” Doughty wrote.

The moron, like you, can't comprehend, it's NOT a law, it's a mandate which isn't even permanent.

 

[daveman]

Sure we are, so who is sucking up to totalitarians?

August 2 2021
Tucker Carlson on Monday evening announced he would be broadcasting his show "Tucker Carlson Tonight" this week from Budapest, as he visits the Hungarian capital and meets with the country's populist prime minister, Viktor Orbán.
Carlson is also billed to speak Saturday at a far-right conference in Budapest called MCC Feszt.

Since he was elected in 2010, Orbán has received criticism from Western leaders and human-rights groups for his autocratic control of the media, judiciary, and human rights in Hungary.

Last year, the Hungarian parliament passed emergency laws that allowed Orbán to rule without term limits.

Tucker Carlson doesn't speak for me. He speaks only for Carlson. I don't get my opinions given to me from talking heads. Can you comprehend that?

I don't think Carlson should have spoken with Orban.

Meanwhile, Democrats get marching orders from Communist China, from Putin, and from Iran.

 

[daveman]

Yes, it does and the executive branch is well within its rights.

As of September 2021, the employees of all federally-funded Medicaid and Medicare-certified health care facilities, and Head Start program facilities, must be vaccinated.

Companies with more than 100 employees may choose to require vaccination and must give their workers four hours' paid time off for their vaccination appointments; their unvaccinated employees (if any) must wear masks and be tested weekly for COVID-19, according to an Occupational Safety and Health Administration (OSHA) Emergency Temporary Standard.

These two policies together —federally-funded healthcare facilities and large companies— will apply to 100 million workers and are scheduled to take effect on January 4, 2022.

The Occupational Safety and Health Administration (OSHA /ˈoʊʃə/) is a large regulatory agency of the United States Department of Labor that originally had federal visitorial powers to inspect and examine workplaces.
  Congress established the agency under the Occupational Safety and Health Act (OSH Act), which President Richard M. Nixon signed into law on December 29, 1970.
OSHA's mission is to "assure safe and healthy working conditions for working men and women by setting and enforcing standards and by providing training, outreach, education and assistance".


You don't know how the constitution or laws work.

ITS CONSTOTUTIONAL BECAUSE THEY DID IT THEY COULDNT HAVE DONE IT IF THEY WERENT ALLOWED

You really believe that, don't you?

Meanwhile, in reality:

Fifth Circuit blocks OSHA vaccination and testing mandate​

A three-judge panel for the U.S. Court of Appeals for the Fifth Circuit on November 12 permanently blocked implementation of the Occupational Health and Safety Administration’s (OSHA) emergency temporary standard requiring businesses with more than 100 employees to vaccinate their workers against COVID-19.

--

The court noted that OSHA was not created to “make sweeping pronouncements on matters of public health affecting every member of society in the profoundest of ways.” It further noted that, because of the Commerce Clause and nondelegation doctrine, OSHA likely could never wield such power.

The court found the mandate “likely exceeds the federal government’s authority under the Commerce Clause because it regulates noneconomic activity that falls squarely within the States’ police power.”

Just because a government agency does something doesn't mean it has the authority to do it.

Government bootlickers support it, though.

 

[daveman]

Of course, a Trumptard.

Doughty, an appointee of then-President Donald Trump, wrote that the separation of powers is crucial to the country's founding and quoted former President Ronald Reagan, who said “the nine most terrifying words in the English language are, ‘I’m from the government and I’m here to help.’”

“If the Executive branch is allowed to usurp the power of the Legislative branch to make laws, then this country is no longer a democracy — it is a monarchy,” Doughty wrote.

The moron, like you, can't comprehend, it's NOT a law, it's a mandate which isn't even permanent.

Calling a pile of horseshit a bouquet of roses doesn't make it smell any better.

 

[Smokin' OP]

Tucker Carlson doesn't speak for me. He speaks only for Carlson. I don't get my opinions given to me from talking heads. Can you comprehend that?

Yes, I comprehend LYING.
You sound just like him or his brother, Hannity.

I don't think Carlson should have spoken with Orban.

Meanwhile, Democrats get marching orders from Communist China, from Putin, and from Iran.

Sure we do.

Trump fell in love with Jong-un, his N. Korean lover.

October 1 2018
Speaking at a rally on Saturday night in West Virginia, Trump revealed that he had “fell in love”.
“I was really being tough and so was he. And we would go back and forth. And then we fell in love, ok? No really. He wrote me beautiful letters. And they’re great letters. And then we fell in love.”

Trump really liked Jinping, wanted to be just like him.

March 3 2018
U.S. President Donald Trump praised Chinese President Xi Jinping Saturday after the ruling Communist party announced it was eliminating the two-term limit for the presidency, paving the way for Xi to serve indefinitely.

“He’s now president for life, president for life. And he’s great,” Trump said, according to audio of excerpts of Trump’s remarks at a closed-door fundraiser in Florida.

“And look, he was able to do that. I think it’s great. Maybe we’ll have to give that a shot someday,” Trump said to cheers and applause from supporters.

Then, one year ago Trump and his cult tried.

 

[Smokin' OP]

ITS CONSTOTUTIONAL BECAUSE THEY DID IT THEY COULDNT HAVE DONE IT IF THEY WERENT ALLOWED

You really believe that, don't you?

Yes.

Meanwhile, in reality:

Fifth Circuit blocks OSHA vaccination and testing mandate​

Just because a government agency does something doesn't mean it has the authority to do it.

Yes, they do.

The Occupational Safety and Health Administration (OSHA /ˈoʊʃə/) is a large regulatory agency of the United States Department of Labor that originally had federal visitorial powers to inspect and examine workplaces.
  Congress established the agency under the Occupational Safety and Health Act (OSH Act), which President Richard M. Nixon signed into law on December 29, 1970.

By law, employers must provide their workers with a workplace that does not have serious hazards and must follow all OSH Act safety and health standards. Employers must find and correct safety and health problems.

The OSH Act further requires that employers must first try to eliminate or reduce hazards by making feasible changes in working conditions rather than relying on personal protective equipment such as masks, gloves, or earplugs.

The OSH Act's current Construction, General Industry, Maritime and Agriculture standards are designed to protect workers from a wide range of serious hazards.
Examples of OSHA standards include requirements for employers to provide fall protection such as a safety harness/line or guardrails; prevent trenching cave-ins; prevent exposure to some infectious diseases; ensure the safety of workers who enter confined spaces; prevent exposure to harmful chemicals;

Government bootlickers support it, though.

Trump bootlickers, love breaking laws and regulations.

 

[Smokin' OP]

Calling a pile of horseshit a bouquet of roses doesn't make it smell any better.

Trump and his cult are prime examples of that.

 

[Rigby5]

Of course, a Trumptard.

Doughty, an appointee of then-President Donald Trump, wrote that the separation of powers is crucial to the country's founding and quoted former President Ronald Reagan, who said “the nine most terrifying words in the English language are, ‘I’m from the government and I’m here to help.’”

“If the Executive branch is allowed to usurp the power of the Legislative branch to make laws, then this country is no longer a democracy — it is a monarchy,” Doughty wrote.

The moron, like you, can't comprehend, it's NOT a law, it's a mandate which isn't even permanent.

A mandate is vastly worse than a law.
A law is supposed to be based on the defense of inherent individual rights.
So can not just be any arbitrary thing like a mandate can.
Mandates are totally and completely outside the law.
Lack of permanence only makes it worse again.
It if was based on something real, it would be in force all the time.

Nor is this transient like you suggest, since the mRNA vaccine clearly does not work, can never end the epidemic, and by "flattening the curve", we will keep the epidemic going forever.

 

[Rigby5]

Examples of OSHA standards include requirements for employers to provide fall protection such as a safety harness/line or guardrails; prevent trenching cave-ins; prevent exposure to some infectious diseases; ensure the safety of workers who enter confined spaces; prevent exposure to harmful chemicals;

When it comes to safety, it is the workers themselves who get the last word.
OSHA has never force a safety procedure on a worker, and it never has that authority or knowledge.
All OSHA can do is force an employer to fulfill the safety demands of the workers.
There are no workers who want vaccine mandates.

 

[Smokin' OP]

A mandate is vastly worse than a law.

No, it isn't.

A law is supposed to be based on the defense of inherent individual rights.

No, it isn't.

So can not just be any arbitrary thing like a mandate can.

Sure it can,
No shirt, no shoes, no service isn't a law.

Mandates are totally and completely outside the law.

No, they don't.

Lack of permanence only makes it worse again.
It if was based on something real, it would be in force all the time.

No, it doesn't.
There are mandated curfews that are in force, then not.

Nor is this transient like you suggest, since the mRNA vaccine clearly does not work,

Yes it does, you don't know how vaccines work.

can never end the epidemic, and by "flattening the curve", we will keep the epidemic going forever.

Damned, that's one I agree with.

 

[Smokin' OP]

When it comes to safety, it is the workers themselves who get the last word.

WTF?
NO, they absolutely DO NOT.
Have you EVER had a job?

OSHA has never force a safety procedure on a worker, and it never has that authority or knowledge.

That answers my question.
Boy are you in for a surprise.

All OSHA can do is force an employer to fulfill the safety demands of the workers.

WRONG, again, when you stated ALL.
The rest is partially true.
Employees, employers, and insurance companies demand a safe workplace.

There are no workers who want vaccine mandates.

NOT true.

 

[Rigby5]

No, it isn't.

No, it isn't.


Sure it can,
No shirt, no shoes, no service isn't a law.

No, they don't.

No, it doesn't.
There are mandated curfews that are in force, then not.

Yes it does, you don't know how vaccines work.

Damned, that's one I agree with.

Totally wrong.
A law has protections because it is limited by the constitution, under judicial review, and created by the input of local elected representatives.
An executive mandate is essentially autocratic, needs no reason, requires no justification, has no representative input, does not have to face legal scrutiny, and has ZERO legal authority.
It is the definition of evil.

Legislators can not pass any law they want. It HAS to be based on the defense of inherent individual rights, and not infringe upon them. That is how the SCOTUS can strike down legislation as being illegal if it violates individual rights of even a single person.

"No shoes, no shirt, no services" is NOT a mandate.
You are free to go to some other place if you want.
That is a private requirement you can choose to accept or not, at your own discretion.
That is NOT a mandate.
A mandate is a universal government imposition.

Any government mandate has always been struck down as totally illegal.
The go completely against the basis of law in a democratic republic.

You clearly do NOT know what a mandate is.
A curfew is NOT at all a mandate.
Many people have to violate curfew for example, to go to work during the 1967 Civil Rights riots.
We were not arrested and could not be arrested, because government does not have the authority to enforce a curfew with mandate.
They instead enforced a curfew with a very limited restriction on unnecessary travel during a riot.
Mandates allow for no exception, regardless of need or rights.

The way vaccines work is not totally known to anyone yet. All we know is that the immune system stores information about an invading pathogen in its T-cell memory in bone marrow.
We do not know exactly what the immune system uses to store.
But we do know that the mRNA injections only force our own cells to start producing spike proteins, and that spike proteins can not be used by the immune system to store anything.
That is because our own exosome have to use the exact same spike proteins, for the same reason, to unlock and open ACE2 receptor sites on our cells.
So anyone claiming mRNA injections cause immunity is either ignorant or lying.