By The Federalist. It’s long been axiomatic in the legal profession that tough facts make bad law. Yesterday’s forked decisions from the Supreme Court in two vaccine mandate cases now add a corollary to that principle: Quick cases make milquetoast opinions.
The Supreme Court heard the Occupational Safety and Health Administration and Medicare/Medicaid mandate cases in tandem on an expedited basis last Friday. Although court observers expected lightning-fast decisions, the opinions in National Federation of Independent Business v. Department of Labor and Biden v. Missouri didn’t drop until Jan. 13.
The high court issued both decisions as per curium, or “by the court,” unsigned opinions, with a 6-3 majority staying the OSHA de facto vaccine mandate in National Federation and a 5-4 majority in Biden v. Missouri allowing the Center for Medicare and Medicaid Services’ rule requiring vaccines for medical facility workers to take effect. Justices John Roberts and Brett Kavanaugh switched sides to join the court’s leftist members in the Medicare/Medicaid case, with Justice Clarence Thomas and Justice Samuel Alito issuing separate dissents joined by Justices Amy Coney Barrett and Neil Gorsuch in Biden v. Missouri.
In National Federation, the six-justice majority entered a stay to prevent OSHA’s “emergency temporary standard,” requiring employers with 100 or more employees to either compel their employees to become vaccinated or to test weekly for Covid and wear masks at work, from going into effect. The court concluded that the employers, states, and other entities and individuals challenging the rule were “likely to succeed on the merits of their claim that the Secretary lacked authority to impose the mandate.”
The nine-page majority opinion methodically detailed the backdrop to the Biden administration’s OSHA work-around and the procedural history. That saw the case going from the Fifth Circuit, where the federal appellate court had stayed the rule, to the Sixth Circuit, where after all of the cases challenging the rule were joined the Cincinnati-based court removed the stay. (Read more from “The Supreme Court’s Ruling on Vaccine Mandates Is Frighteningly Weak” HERE)
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Supremes Block Biden’s OSHA ‘Work-Around’ Vax Mandate
By WND. The U.S. Supreme Court, in a 6-3 decision, has suspended Joe Biden’s nationwide workplace COVID shot mandate, which would have caught up tens of millions of Americans in a strategy to impose the experimental shots on those reluctant to take them.
The majority opinion, per curiam, explained the administration, through the Occupational Safety and Health Administration, demanded the mandate, “which employers must enforce,” for “roughly 84 million employees.”
The mandate requires that workers gets a COVID-19 “vaccine” and it overrules state laws to the contrary.
“OSHA has never [before] imposed such a mandate. Nor has Congress. Indeed, although Congress has enacted significant legislation addressing the COVID-19 pandemic, it has declined to enact any measure similar to what OSHA has promulgated here,” the opinion said. (Read more from “Supremes Block Biden’s Osha ‘Work-Around’ Vax Mandate” HERE)
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