U.S. Supreme Court stays enforcement of Biden vaccine mandate for employers with 100-plus workers, but allows vaccine mandate for healthcare workers

TheCOVIDBlog.com
January 13, 2022

WASHINGTON, D.C. — Today is a mixed bag of Constitutional obviousness and “follow the money” rules in the nation’s highest court.

OSHA mandate (100+ workers) essentially struck down

The Occupational Safety and Health Administration (OSHA) must promulgate safety and health standards, “using a rigorous process that includes notice, comment, and an opportunity for a public hearing,” the 6-3 majority wrote.

The Occupational Safety and Health Act of 1970 allows for emergency temporary standards that can take effect immediately, without public hearings. But the Secretary of Labor must show that workers are in “grave danger” and that emergency health standards are necessary for their protection. This power has been used only nine times in OSHA history; and only once has it survived the scrutiny of the Courts.

Numerous states and companies filed applications for emergency stays in federal appeals courts across the country to stop Biden’s mandate. All of said applications were consolidated in the Sixth Circuit Court of Appeals based on a random selection process. The Sixth Circuit dissolved the Fifth Circuit’s stay of Biden’s mandate. The Supreme Court granted certiorari.

RELATED: UPDATE: OSHA officially halts nationwide enforcement of Biden “vaccine mandate” following federal court order (November 18, 2021)

 

It ruled that the mandate is a “significant encroachment into the lives—and health—of a vast number of employees” in the United States. OSHA is authorized to set workplace safety standards, not broad public health measures, wrote the Court. COVID-19 is not an occupational hazard because it spreads everywhere people gather, the Court ruled.

“That kind of universal risk is no different from the day-to-day dangers that all face from crime, air pollution, or any number of communicable diseases. Permitting OSHA to regulate the hazards of daily life—simply because most Americans have jobs and face those same risks while on the clock—would significantly expand OSHA’s regulatory authority without clear Congressional authorization.”

Justice Sonia “100,000 kids hospitalized and on ventilators” Sotomayor, along with Justices Stephen Breyer and Elena Kagan dissented.

The trio forwarded several arbitrary, fallacious, Pfizer-written talking points and statistics.

Here are some of the highlights:

  • OSHA estimated that in six months the emergency standard would save over 6,500 lives and prevent over 250,000 hospitalizations. Tragically, those estimates may prove too conservative.
  • The virus poses a “grave danger” to millions of employees.
  • High transmission and insufficient vaccination rates could “foster the development of new variants that could be similarly, or even more, disruptive” than those then existing.

Albert Bourla, CEO of Pfizer, recently said about so-called Omicron, “two doses of the vaccine offers very limited protection, if any. Three doses with a booster offer reasonable protection against hospitalization and deaths. Less protection against infection.”

In other words, Pfizer admitted to a perpetual vaccine racket that will continually inject vaxx loyalists until the adverse effects alter or end their lives. Read the full decision here.

Healthcare workers subject to mandate

New York Governor Kathy Hochul proposed $10 billion to address the state’s staffing shortages in hospitals and nursing homes. Meanwhile the New York Public Health and Health Planning Council just mandated booster shots for all healthcare workers in the state this week. Hospital and nursing home executives stated the obvious – vaccine mandates are the cause of the current worker shortages. Now the situation is about to get worse nationwide.

The Supreme Court, in a 5-4 decision, quashed stays related to the Centers for Medicare & Medicaid Services (CMS) mandate on this same day. Two federal courts – Western District of Louisiana and Eastern District of Missouri – issued the stays. Healthcare workers can thank the American Medical Association and virtually all other professional medical associations for filing amicus briefs in support of the mandate.

Further, the Secretary of Health and Human Services has the power to impose conditions for receipt of Medicare and Medicaid funds. Since virtually all healthcare facilities in the United States receive such funds, they must obey vaccine mandates. Chief Justice John Roberts and Justice Brett Kavanaugh joined the three liberals in the majority.

The dissent focused mostly on the standards for issuing emergency stays. It also reminded everyone that vaccine mandates are a state power, not a federal power. Justice Samuel Alito pointed out that the Centers for Medicare & Medicaid Services completely skipped the “notice-and-comment” process in making these vaccine rules. CMS also failed to show good cause for skipping that step.

Alito noted that this is hardly an emergency since the so-called vaccines have been available since December 2020. But the mandate was imposed 11 months after the fact. Read the full decision here.

What does all this mean?

Keep in mind, all we’re getting right now is a deep look into the rules and procedures related to emergency stays and injunctions. None of these cases are ruling on the actual merits of vaccine mandates. But the Supreme Court affirmed that only Congress and the states have the power to issue vaccine mandates. On the other hand, there appears to be narrow judicial support for mRNA and viral vector DNA mandates for the healthcare industry. If your hospital or nursing home wants Medicare and Medicaid funds, then you must submit to vaccine mandates.

The SCOTUS rulings today do not really change much in the grand scheme. Many corporations are already mandating Pfizer, Moderna, etc. shots on their own volition. A vast majority of healthcare workers are fully indoctrinated by big pharma, and volunteering for the shots. Religious exemptions, with reasonable accommodations, remain the most effective way for workers to avoid self-poisoning. Medical exemptions, sadly, are ineffective. Most doctors won’t write medical exemptions for their patients.

 White House Press Secretary Jen Psaki said of the rulings, “it is up to individual employers to decide.” That’s how it’s always been. But this administration needed a high court order to respect those laws. We’ll be updating this story throughout the day.

 

COVID Legal USA is your partner in fight mandatory vaccines and other COVID mandates. Follow us on Telegram and Twitter. Read about white pine needles and order them here.

 

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Annie
Annie
4 months ago

This should end the possibility of a vaccine mandate at my work. They had not implemented it as over 40% of the employees were not vaxxed. We stood strong. And about 30% of the vaxxers we’re going to refuse boosters. So good. As far as healthcare as a field of employment – get out or don’t enter it. I will never trust the medical professionals again. I will always rely on my own judgement and instincts. As with any group, there’s a core group that remained true to their values and are good medical professionals. The rest are sleazy or cowardly.

Kielanders
Kielanders
4 months ago
Reply to  Annie

“They had not implemented it as over 40% of the employees were not vaxxed.”

God bless your coworkers, and yourself, for standing strong.
____________________________________

“As far as healthcare as a field of employment – get out or don’t enter it.”

As a former healthcare worker, that’s solid advice for preserving your soul.
____________________________________

” I will never trust the medical professionals again.”

And, you should shun them from your life wherever possible, most are brainwashed & dangerous to their patients.

Last edited 4 months ago by Kielanders
donthatemetoomuch
4 months ago

They are all bought from top to bottom, otherwise those at the very top wouldn’t have made their move against humanity yet.

This court said this, that court said that….etc, is all part of the clown show to give you false hopes. They are advancing their plans and the cretins among us are loving their servitude. As they are working to shutdown the supply chains, harassing and punishing the truck drivers still on the road along with the warehouse workers, they give you some BS show (senator this, senator that, the witness this…etc) to keep you hoping, like when some of you give a plastic bone to a dog.

You can keep deceiving yourself and begging them to stop as much and as long as you want, it will not change a thing. It only fuels their hatred of mankind. It will stop the day most people stop complying, not a day sooner.

Malcolm X said it better below:

https://www.bitchute.com/video/OmLNLywpghPu/

Christine
Christine
4 months ago

Great comment. Thank you.

youcancallmethekenneth
youcancallmethekenneth
4 months ago

100%. Controlled top to bottom. Complying one’s way out of tyranny is an obvious fallacious concept, which a shockingly large number of subjects still seem to retain hope in.

Kielanders
Kielanders
4 months ago

Something I learned from Christianity: “Turn the Other Cheek.”.

Something I learned from Life: “Evil punches the other cheek, then looks for others to punch to get what they want from them.”

You may be okay with getting punched, but are you okay when other innocents get punched?

. . . your religion, you decide.

Were I able to heal the sick, walk on water, and otherwise suspend the laws of known physics, I may be less caviler about punching people – but as it stands, punching those who punch innocents makes perfect sense in the cultivation of a healthy society.

This was a painful lesson I learned from life as a Christian.

Last edited 4 months ago by Kielanders
Kielanders
Kielanders
4 months ago

Why don’t they cut to the chase, and stay Biden . . . permanently.

Christine
Christine
4 months ago

Brian, thank you for reporting on this. I worked in U.S. healthcare for 20 years and was disappointed at the supreme court’s decision. Grateful that they struck down the mandates for the general population, but why not for healthcare workers as well, especially since the vaccines are dangerous and ineffectual? Why must healthcare workers be the sacrificial lambs for the general population? Why can their bodily autonomy not be respected? Why do they have to sacrifice themselves unnecessarily for the common good? I read an article in the Epoch Times and one commenter said (to paraphrase), “They (the supreme court) always have to acquiesce to evil in some way. They couldn’t make the ruling all the way on the side of the people. They always have to make some type of concession to those in power.” Plus the fact that it was a 6-3 vote and it was not unanimous is absolutely disturbing to me. That means 3 justices were either ill informed and/or lean towards fascism. So glad I’m not working in healthcare at this moment where the average person would expect me to unnecessarily sacrifice my own bodily autonomy for the good of the patient.

I’ve been thinking about this whole COVID-19/vaccine situation a great deal and I’ve come to the conclusion that (possibly) the best thing that could happen is that the system will collapse in on itself. The globalists will be exposed for who they truly are. The only reason I say this is not because I wish sadness and suffering on people but say we do beat back these mandates…All these globalists are going to do is to retreat and plan their next move. Then in another 1 year, 5 years, or 7 years (whatever the time frame), it’s going to be the same thing all over again wrapped up in a slightly different situation. I’m tired of it. Let them be exposed. Let’s deal with the fallout and build something better.

Betticus
Betticus
4 months ago
Reply to  Christine

I completely agree with your last paragraph. I think that the entire human race need to fight this fight, hearts blazing, because if we are lead to believe that a petition, march or white knight is going to save us we will have missed that what is happening is not a serendipitous set of reactions by those who shouldn’t be in power, but a carefully planned and sublimely executed agenda spanning decades, if not centuries. I’m afraid that many more will have to die and suffer for us to get this and decide whether we want to be free and sovereign, or safe and endalved. And, the suffering will need to span the globe, not just be concentrated in select countries and continents.

Annie
Annie
4 months ago
Reply to  Christine

I agree with you on the system needs to collapse. Especially the current healthcare system. It’s not designed for health but money. It’s rare that doctors address what you can do instead of here’s a prescription. My grandfather always said to avoid doctors. The one pill they give you will help your ailment but cause 3 other new problems. He lived to 83 with minimum issues and died at home in bed. No warehousing in a nursing home.

Susan Jones
Susan Jones
4 months ago
Reply to  Christine

Sadly that is never going to happen.

whocares
whocares
4 months ago
Reply to  Christine

we grow through suffering. A lot more suffering to come.

john wilson
john wilson
4 months ago

Do few realize how bad this is? Medical workers will be forced out in mass causing a severe shortage. Any medical facility that accepts Medicare and Medicaid will have to comply, so some will start refusing to accept those health plans. Clinics, doctors offices, etc will pop up that only take private insurance and cash. This will bottle neck medical care for millions of elderly and extreme poor. Since the smartest are refusing the vaccine, we are losing the smartest Nurses and doctors…this was a very bad decision and Kavanaugh has the blame. This will shut hospitals and clinics down all across this nation. Retired better had get used to 1 year waits for appointments like Canada, where you die before you get in. It will be you stupid Democrats who voted for Biden that will be hit the hardest, I can pay for private medical if needed.

Kris
4 months ago
Reply to  john wilson

Well, this will put those of us who never use the medical system, in the best possible situation of anyone. It is looking to me like the last 30 years of my life were some kind of boot camp for times such as now.

And for those silly folk who think I would change my mind if I were seriously ill…that did happen 2000-2004. Cured myself with natural methods and never, not once, considered going to the Medical-Indusdrial Complex for help.

Greetings from Spain
4 months ago
Reply to  john wilson

En Europa… Un ejemplo Alemania donde quieren mandato obligatorio de vacunas muchos profesionales de la salud están dejando sus puestos de trabajo y ahora cada vez más hay una gran escasez de profesionales sanitarios.
En mi país muchos profesionales de salud están dejando sus puestos de trabajo porque están viendo mucha corrupción en todo esto.

Muy importante cuidar nuestra salud comiendo sano, haciendo ejercicio y sobre todo evitar estas inyecciones.
Hace casi un año descubrí el dióxido de cloro o cds descubierto por el científico Andreas Kalker, un científico censurado por estar en contra de la versión oficial y porque las grandes farmacéuticas no quieren que el dióxido de cloro no se conozca ya que es muy efectivo y económico.
Yo tomo el dióxido de cloro y me ha ayudado mucho en problemas de salud.

Lyn
Lyn
4 months ago

This decision only stops Biden from using OSHA to enforce mandates, it does not stop private businesses from enforcing them. It’s a shell game, smoke and mirrors using deceptive means to give the masses a glimmer of hope. Things are escalating fast, and not in a good way, as they march on with their satanic great reset.

Ant
Ant
4 months ago
Reply to  Lyn

The “satanic” forces you are worrying about ARE the Abrahmic religions, the very religions people have been defending on the IDEA that they’ll bring peace.

Ideas and concepts are not reality. People only accept because of an idea of him given to people by religious leaders.

Hillsong
Hillsong
4 months ago

The healthcare workers mandate is kinda dumb given that states like Cali are pulling CV positive workers out of quarantine (against protocol) to fill shortages. So what’s worse a double jabbed CV positive healthcare worker or an unjabbed CV negative one…

Christine
Christine
4 months ago
Reply to  Hillsong

Exactly. You hit the nail on the head with this comment.

Hal
Hal
4 months ago

This SC ruling(?) is rather incoherent. Passing the buck to Congress and the states. Congress and the states have for the most part passed the buck to state agencies and private industry to interfere in their employees healthcare concerns. The court ruled that healthcare workers that work for a company that receives Medicaid and Medicare funds must adhere to the mandate. They also said that only Congress and the states can issue mandates, not the fed. Hmmm. OSHA and the HHS are federal agencies. Hmmm. Oh well I can’t make heads or tales of this forked decision but I don’t think anything is settled from this ruling. They have continued to allow unelected officials and corrupt federal agencies to make law. Being that congress is way too busy trying to bankrupt the country, I guess they figured no one would notice. To the healthcare workers that have lost their jobs my sympathies are with you.

youcancallmethekenneth
youcancallmethekenneth
4 months ago
Reply to  Hal

“Being that congress is way too busy trying to bankrupt the country…”

The country has been bankrupt since 1933.

Linda N
4 months ago

Frankly I hope doctors and nurses quit in droves and collapse the whole corrupt disease-care-and-promoting system. It has been a cesspool of Big Pharma B.S. for decades and decades, reducing physicians to being nothing more their prostitutes. The evidence is crystal clear that not only do these jabs not work but they are killing and maiming people left and right. But the Supreme Court bought the cool aid just like too much of the rest of America. As Brian stated in the blog “ Healthcare workers can thank the American Medical Association and virtually all other professional medical associations for filing amicus briefs in support of the mandate.” And to whom are those professional associations beholden? Big Pharma of course!

People have to start learning to take care of their own health. Sadly, one of the downsides is that one does need doctors and hospitals in case of a car accident or other dire emergency. No one wants to go back to having surgery done without anesthesia, antibiotics or painkillers.

Hal
Hal
4 months ago
Reply to  Linda N

They already are putting a larger strain on what is left of the untrustworthy medical industry. We now have a clear picture of who the paid for doctors are. The Drs. that are promoting this crap and looking out for the big pharma interest instead of their patients need to be remembered. They are the hired killers and need to be treated as such. At the very least need to be accountable for the deaths they they are responsible for. I can think of other ways they should be held accountable, but would rather not mention. Personally I feel that going to a hospital for any reason can be hazardous to my health.

whocares
whocares
4 months ago
Reply to  Linda N

Many prostitutes are just honest girls or mothers who need $$….they SELL their BODY / TIME for $$. Many non-sex workers – corporate office, blue collar, etc…sell their BODYs and MINDS for $$. Is it any different?

Some (many) prostitutes do it by choice rather than go a harder route. Some (many) non-sex workers do their profession by choice rather then go a harder route – which may entail making much less $$.

Many doctors who sell their BODY & MIND are prostitutes chasing $$ / prestige and don’t think for themselves, let alone have the courage to make a different choice.

All shades of the same thing.

David does not back down
David does not back down
4 months ago

The hospitals and airplanes are the worst places to be right now. All the doctors do is harass you from the moment you walk in the door to take the poison. It seems they don’t care about anyone’s health just promoting these clot shots. The Hippocratic oath means nothing to them. Real doctors and real nurses who passionately care are being bullied, silenced, and forced out. I will never step foot in those places. Don’t trust the hospitals.

Sin Nombre
Sin Nombre
4 months ago

“The hospitals and airplanes are the worst places to be right now.” To this I would include that driving on the roadways has become more hazardous now than it already was. For me, driving into work everyday has become a nightmare of dangerous, psychotic drivers and avoiding constant wrecks. The fact that I drive for a living makes it very tedious to say the least.

Pedro
Pedro
4 months ago

Federal Government has no powers on heatlh matters, nor in labor issues. 90% of the Federal Government is outside the Constitution

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