• "Spreading the ideas of freedom loving people on matters regarding metals, finance, politics, government and many other topics"

GOP threats to Biden's vaccine mandates unlikely to succeed, experts say

JayDubya

pies klasy robotniczej
Midas Member
Midas Supporter
Joined
Apr 5, 2010
Messages
6,773
Reaction score
11,627

GOP threats to Biden's vaccine mandates unlikely to succeed, experts say​

https://www.yahoo.com/news/republicans-threats-bidens-vaccine-mandates-192000168.html

Nearly two dozen Republican governors, as well as the GOP itself, have vowed to file lawsuits or take other actions to block President Joe
Biden’s newly announced vaccination mandates — but legal experts say they’ll have a hard time successfully making their case in court.

Biden on Thursday issued two executive orders mandating vaccines for federal workers and contractors and also announced new requirements for large employers and health care providers that he said would affect around 100 million workers, more than two-thirds of the U.S. workforce. Following the announcement, Republicans across the country slammed the moves.

South Dakota Gov. Kristie Noem tweeted that her state would “Stand up to defend freedom,” adding, “@Joe Biden see you in court.”

Georgia Gov. Brian Kemp tweeted he would “pursue every legal option available” to stop "this blatantly unlawful overreach,” while Arizona Gov. Doug Ducey tweeted that the White House was “hammering down on private businesses and individual freedoms in an unprecedented and dangerous way” and that “we must and will push back.”

South Carolina Gov. Henry McMaster said in a statement that “Biden and the radical Democrats (have) thumbed their noses at the Constitution” and Oklahoma Gov. Kevin Stitt said, “as long as I am governor, there will be no government vaccine mandates in Oklahoma.” Texas Gov. Greg Abbott tweeted he’s already “working to halt this power grab.”
Republican National Committee Chairwoman Ronna McDaniel called Biden’s move “unconstitutional” and said the RNC will sue the administration.

Legal experts, however, said those lawsuits are most likely — but not certain — to fail, due to wide-ranging powers that the Constitution and decades of administrative law precedent have established.

Biden on Friday appeared to be spoiling for that fight, telling Republican governors to “have at it” and slamming Republican officials as being “cavalier with the health of their communities” when asked about criticism of the new vaccine requirements.

Generally speaking, public health powers are delegated to the states, experts said. But the Constitution also gives the federal government broad powers to regulate certain matters when it perceives that states and localities are not able to do so, or are doing so inadequately.

In this case, experts explained, Biden’s mandates pass muster because he is filtering them through the lenses of workplace safety and through the Constitutional language of federal spending powers.

“President Biden is acting within the authority of the executive branch to impose rules and regulations — sometimes referred to as the regulatory state — and within the rule-making authority associated with a range of federal administrative agencies,” said Juliet Sorensen, a professor at Northwestern University’s Pritzker School of Law and an expert on health and human rights laws.

Biden’s orders will largely be enforced by the Department of Labor, which includes the Occupational Safety and Hazard Administration, an arm of the executive branch with the authority to implement and oversee the orders, Sorensen said. OSHA's mission is to ensure safe workplace conditions around the country and therefore naturally extends to keeping workers safe from Covid, she added.

"The gravity of the pandemic and the fact that it’s persisted without these mandates in place puts the president on solid ground, legally," she said.

The president also has the power to regulate spending power, which is relevant to Biden’s mandate requiring employees working in health care facilities that receive Medicare or Medicaid reimbursement to be vaccinated, according to Sylvia A. Law, a professor emeritus at New York University’s School of Law.

Through the Constitution, Congress has the explicit power to attach conditions to whatever money it’s disbursing — including the hundreds of billions it spends each year on Medicare and Medicaid. But the president and the executive branch have the constitutional power to dictate various elements of federal spending, especially when it comes to health care.

“Most of what exists in this space has pretty much been made up by the agencies and upheld in some cases, by the courts. We understand that the Congress paints in broad strokes and, simply put, much of the rest of it gets filled in by rules, regulations and court rulings,” Law said.

“Under current law, it’s clear that Biden has the power to do what he’s done,” she said.

But, as is the case with most legal arguments, the administration’s case for mandates won’t be impeccable, Law warned.

“A smart lawyer who doesn’t agree with vaccine mandates will be able to make a ‘pass-the-laugh-test' argument that it’s not legal, and with the makeup of this current Supreme Court, it’s hard to know how that would shake out,” Law said.

Law said that some individuals may be able to claim exemptions based on religious or health grounds, but those concerns are unlikely to topple the mandates more broadly.

Sorensen said the strongest area to challenge the mandates for Republican officials and operatives lies in how the mandates would be enforced.

“If I’m a Republican governor, I’m looking closely at that language,” she said.
 

the_shootist

Midas Member
Midas Member
Sr Midas Sup +++
Joined
May 31, 2015
Messages
67,222
Reaction score
136,631
1631449988969.png



That's what the Brits said too but...
 

Ensoniq

Midas Member
Midas Member
Sr Midas Sup +++
Joined
Apr 9, 2013
Messages
10,808
Reaction score
23,523
Location
North Carolina
I’ll have a dose of “unnamed experts say” news stories please
 

Casey Jones

Ridin' that train
Gold Chaser
Joined
Apr 4, 2020
Messages
6,191
Reaction score
9,868
Location
Down the road from the Kaczynski ranch
I’ll have a dose of “unnamed experts say” news stories please
I guess, the same "experts" that said, wear a face diaper. That said, The Jab will return everything to normal.

This Fake Nooze schitte is becoming tiresome. Pravda and its overseer, TASS, had nothing on today's alphabet nooze nutworks and the cable liars. In a FREE country, mind - one they're aggressively making not-free.
 

Alton

Midas Board Mmbr
Platinum Bling
Joined
Apr 1, 2010
Messages
7,710
Reaction score
16,486
Location
Michiana
The first President of the United States to use an 'executive order' was Franklin Delano Roosevelt, and he did so during the height of World War II with both careful explanation, a public apology, and thoughtful trepidation. Roosevelt knew what an abuse of presidential executive authority could mean to Constitutional freedoms; and he took both of the 'executive orders' he signed very seriously.
Really? I would like some proof of that statement. Is that assumption based on FDR's own words? If so, I have to ask, do/did you believe it? Is that assumption based on the perceptions and conclusions of others? Given FDR's record of actions during his presidency I'm genuinely baffled how anyone could reach such conclusions.
 

the_shootist

Midas Member
Midas Member
Sr Midas Sup +++
Joined
May 31, 2015
Messages
67,222
Reaction score
136,631
LIES, LIES, AND MORE LIES!

Let's stop a moment and try to rein-in the orgy of presidential 'executive orders' that Americans have been deluged with over the past 40 years.

The first President of the United States to use an 'executive order' was Franklin Delano Roosevelt, and he did so during the height of World War II with both careful explanation, a public apology, and thoughtful trepidation. Roosevelt knew what an abuse of presidential executive authority could mean to Constitutional freedoms; and he took both of the 'executive orders' he signed very seriously.

Quite a far cry from later American presidents who did things like: Raid Social Security funds, privatize military contracts, force Americans to accept disadvantageous foreign trade agreements, launch wars without Congressional approval, direct government bureaucrats to close down VA hospitals without any regard, whatsoever, for the lives and well-being of the patients therein, and work very hard to establish a precedent of absolute presidential authority by conditioning Americans to accept what legally and technically amounts to dictatorial 'executive orders' in direct violation of the written AND spoken will of this nation's founders.

AMERICA, IT SURE AS HELL ISN'T WHAT IT USED TO BE; AND IT'S CERTAINLY NOT THE FREE COUNTRY THAT MY UNCLES DIED FOR!
gunsforefathersjustshotthem.png
 

Stinger

New Member
Joined
Feb 12, 2014
Messages
70
Reaction score
90
Location
Penn's Woods
Really? I would like some proof of that statement. Is that assumption based on FDR's own words? If so, I have to ask, do/did you believe it? Is that assumption based on the perceptions and conclusions of others? Given FDR's record of actions during his presidency I'm genuinely baffled how anyone could reach such conclusions.
This is how I remembered a story about FDR during WWII. I just did some research. Know what? I am wrong, and this information is not correct. I apologize. I don't make a lot of mistakes, but I should have checked my information and recollections before I posted this.
 

southfork

Mother Lode Found
Mother Lode
Site Supporter ++
Joined
Mar 31, 2010
Messages
17,356
Reaction score
17,013
The expert fucktarts are part of the leftist regieme
 

EO 11110

UNBANNED
Mother Lode
Site Supporter ++
Survivor
Joined
Jul 31, 2010
Messages
19,662
Reaction score
20,091
Location
clown world

hmmm.....who is the author of this crap?

GOP threats to Biden's vaccine mandates unlikely to succeed, experts say​

Adam Edelman

Political Reporter at NBC News​


1631659852443.png
 

the_shootist

Midas Member
Midas Member
Sr Midas Sup +++
Joined
May 31, 2015
Messages
67,222
Reaction score
136,631

hmmm.....who is the author of this crap?

GOP threats to Biden's vaccine mandates unlikely to succeed, experts say​

Adam Edelman

Political Reporter at NBC News​

Its NBC 'NEWS'. Its what they do! The sooner we eliminate the propaganda of the media the sooner we can start taking the country back! If we are to succeed they, the media, cannot stand. It must be plowed under and buried deep!
 

Silvergun

Silver Member
Silver Miner
Joined
Jul 26, 2011
Messages
970
Reaction score
1,536
Location
Commie-fornia
EXPERTS SAY that Americans are getting sick of hearing the bullshit media start their propaganda with EXPERTS SAY.

Its the new Simon says.

Experts say....HOP ON ONE FOOT!
 

the_shootist

Midas Member
Midas Member
Sr Midas Sup +++
Joined
May 31, 2015
Messages
67,222
Reaction score
136,631
EXPERTS SAY that Americans are getting sick of hearing the bullshit media start their propaganda with EXPERTS SAY.

Its the new Simon says.

Experts say....HOP ON ONE FOOT!
Another one is NEW STUDIES SAY...

Science studies have become unreliable...compromised, just like the SCOTUS, the government and now, the high level US military