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.
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