News: FYI:  We have three websites in our inventory: onnidan.com - news, recaps, blogs, black college sports page | onnidan1.com - this forum  | onnidan2.com - composite hbcu football schedule

Author Topic: Supreme Court just handed Biden admin biggest blow yet to federal vaccine mandat  (Read 134 times)

Offline y04185

  • Assistant GM
  • *****
  • Posts: 72,260
  • Karma: +86/-1261
  • Assistant GM
    • View Profile
 :clap: :clap: :clap:

Read more

The Supreme Court on Thursday issued mixed rulings in a pair of cases challenging Biden administration COVID-19 vaccine mandates, allowing the requirement for certain health care workers to go into effect while blocking enforcement of a mandate for businesses with 100 or more employees.

Fayetteville State by choice. Bronco by the Grace of GOD.

Offline Ken

  • Assistant GM
  • *****
  • Posts: 23,376
  • Karma: +138/-71
    • View Profile
That's a blow to business   if all your workers get sick you have to close your business   THE VIRUS IS NEITHER DEMO OR REPUBLICAN.  As long as it has a host it will be around 

Offline Ken

  • Assistant GM
  • *****
  • Posts: 23,376
  • Karma: +138/-71
    • View Profile
So now you have to opportunity to be treated by covid infected doctors and nurses   eat food cooked by infected chefs

Online CU1994

  • Assistant GM
  • *****
  • Posts: 22,268
  • Karma: +177/-313
    • View Profile
    • www.cheyney.edu
It’s not a blow to Biden but rather the country. Let’s face it; this court represents the conservative minority in this country. They will blame Biden for the virus while they are doing everything possible to keep the pandemic going. Oh well, we see what is happening to the fools who are not getting the vaccine.   :clap: I just saw today that over 85%  of the people in the hospital are unvaccinated. My question is when will health insurance stop paying for these folks. They are going to make all of our rates go up.
« Last Edit: January 13, 2022, 05:22:05 PM by CU1994 »

Offline soflorattler

  • Assistant GM
  • *****
  • Posts: 42,274
  • Karma: +291/-609
    • View Profile
    • The Snake Pit
One sentence from the Supreme Court's ruling against an OSHA vaccine rule reveals its upside-down logic

In a new ruling on Thursday, the six conservative justices on the U.S. Supreme Court blocked the Biden administration from implementing a sweeping requirement for vaccines under the Occupation Safety and Health Administration. Using OSHA's power to regulate employers, the administration sought to require any company with 100 workers or more to ensure that employees are either vaccinated against COVID-19 or are tested weekly for the virus.

Writing in a per curiam decision, the court's six-justice conservative majority used twisted logic to overrule the administration's decision. The three liberal justices wrote a joint dissent, arguing that the court's decision overstepped its own authority. (In a separate case decided at the same time, conservative Justices Brett Kavanaugh and John Roberts joined the liberals to uphold the administration's mandate requiring vaccination for health care workers at facilities receiving funds from Medicaid and Medicare.)

To justify its opposition to the OSHA vaccination rule, the majority argued that the administration exceeded the authority delegated by Congress. But to come to the conclusion, it had to use a rather bizarre and seemingly contradictory line of reasoning.

The decision explained:

The Solicitor General does not dispute that OSHA is limited to regulating “work-related dangers.” ... She instead argues that the risk of contracting COVID–19 qualifies as such a danger. We cannot agree. Although COVID–19 is a risk that occurs in many workplaces, it is not an occupational hazard in most. [emphasis original]

It's hard to figure out what this last sentence really means. It's essentially saying, "Though COVID-19 is a danger in the workplace, it's not a workplace danger." The phrasing tries to dance around this obvious contradiction by using the word "occupational" instead of "workplace," by inserting meaningless italics, and by appending the words "in most" at the end — without justifying or explaining their inclusion or relevance. But don't get confused — the court's claim is just as nonsensical as my version.

The next sentence in the decision only further highlights the majority's confused reasoning: "COVID–19 can and does spread at home, in schools, during sporting events, and everywhere else that people gather."

Two of the examples listed here, schools and sporting events, are workplaces for many people. So while trying to insist that the virus is much more than a workplace hazard, the conservative justices really just showed that our workplaces are much more entangled with the rest of our lives than they'd like to admit. This counts in favor of dismissing the supposed difference between workplace hazards and generalized hazards, rather than resting a crucial decision on the supposed distinction.

Moreover, the conservative justices failed to acknowledge an obvious point: For many, many people, the workplace is likely by far the most dangerous place for them in terms of COVID risk. They have little choice about whether and when to go, who they will be working with, and under what conditions. The vaccine and testing requirements make them safer from the virus than they would be otherwise, including in the broad scope of all their other daily activities. This is a clear way in which the risk from COVID-19 is distinctly occupational. But somehow, the majority wants us to believe that this isn't a matter of workplace safety.

A later paragraph in the majority decision better reveals what is really driving the conservatives' view:

That is not to say OSHA lacks authority to regulate occupation-specific risks related to COVID–19. Where the virus poses a special danger because of the particular features of an employee’s job or workplace, targeted regulations are plainly permissible. We do not doubt, for example, that OSHA could regulate researchers who work with the COVID–19 virus. So too could OSHA regulate risks associated with working in particularly crowded or cramped environments. But the danger present in such workplaces differs in both degree and kind from the everyday risk of contracting COVID–19 that all face. OSHA’s indiscriminate approach fails to account for this crucial distinction— between occupational risk and risk more generally—and accordingly the mandate takes on the character of a general public health measure, rather than an “occupational safety or health standard.”

Here, the justices admit that COVID-19 can be a workplace hazard. But what they fear is that the administration is using the OSHA rule in an "indiscriminate" way as a public health measure. There's nothing in the law to prohibit the administration from doing this, and there's no clean distinction between public health and workplace safety anyway, as the schools and sporting events examples show. The conservatives just worked backward from their conclusion that they didn't like what the Biden administration had done, and so they had to use twisted logic to justify its decision legally.

As the liberals pointed out in dissent, there's nothing in the law to justify the majority's distinction between workplace hazards and more general public health hazards:

Of course, the majority is correct that OSHA is not a roving public health regulator, see ante, at 6–7: It has power only to protect employees from workplace hazards. But as just explained, that is exactly what the Standard does. See supra, at 5–6. And the Act requires nothing more: Contra the majority, it is indifferent to whether a hazard in the workplace is also found elsewhere. The statute generally charges OSHA with “assur[ing] so far as possible . . . safe and healthful working conditions.” 29 U. S. C. §651(b). That provision authorizes regulation to protect employees from all hazards present in the workplace—or, at least, all hazards in part created by conditions there. It does not matter whether those hazards also exist beyond the workplace walls.

So the majority invented a distinction not found in the text to limit the administration's authority. It claimed that if Congress really wanted the administration to have the authority to require workers to be vaccinated, it could have written that it to the law. But if Congress had wanted to restrain the scope of OSHA further than what the text itself says, lawmakers also could have done that; they didn't.

Instead, the majority cites the fact that the Senate recenlty issued a majority vote of disapproval of the administration's use of the OSHA rule. But that's less telling for what it was than for what it wasn't: actual action by Congress to restrict the administration's authority. If Congress wanted to limit the authority it has written into the law, it could do that — but it hasn't.

The fact that the conservative majority was willing to block the administration's action on such obviously flimsy and flawed reasoning is a disturbing sign for what might be coming if the Supreme Court remains in its current form.

https://www.alternet.org/2022/01/supreme-court-osha-vaccines/

Offline Ken

  • Assistant GM
  • *****
  • Posts: 23,376
  • Karma: +138/-71
    • View Profile
It's pretty stupid to applaud your increased chance of getting the virus due to contact with infected employees

Offline cee dog

  • Assistant GM
  • *****
  • Posts: 11,193
  • Karma: +67/-310
    • View Profile
If you work for a federal contractor such as Boeing or Lockheed Martin you are going to be in for a surprise. You can't support government missions if you aren't vaccinated. Therefore you will be eventually cut from the contract because you can't support the mission....     :snicker :tiptoe:
« Last Edit: January 13, 2022, 09:39:52 PM by cee dog »
"Bulldog for Life"

Offline Cats4ever

  • Assistant GM
  • *****
  • Posts: 12,472
  • Karma: +30/-2
  • General Manager
    • View Profile
    • FVSU: Let's build a winner.
United has had zero Covid-related deaths among vaccinated employees for 8 weeks, CEO says

Quote
Kirby said prior to the vaccine mandate, more than one United employee died per week on average. “But we’ve now gone eight straight weeks with zero COVID-related deaths among our vaccinated employees – based on United’s prior experience and the nationwide data related to COVID fatalities among the unvaccinated, that means there are approximately 8-10 United employees who are alive today because of our vaccine requirement.”

https://www.cnbc.com/2022/01/11/united-has-had-zero-covid-related-deaths-among-vaccinated-employees-for-8-weeks-ceo-says.html
Your treatment of others give them control of your soul
Matthew 5:25-26

Offline cee dog

  • Assistant GM
  • *****
  • Posts: 11,193
  • Karma: +67/-310
    • View Profile
Another thing is that Omicron is killing white folks in record numbers. Sounds like self cleansing to me. Oh well. Let's go Omicron and white folks. Don't get vaccinated. I fully support you.
"Bulldog for Life"

Offline Ken

  • Assistant GM
  • *****
  • Posts: 23,376
  • Karma: +138/-71
    • View Profile
Virus win 6-3

Offline blue72

  • Assistant GM
  • *****
  • Posts: 724
  • Karma: +21/-1
  • Veteran
    • View Profile
- Let's go Omicron and white folks. Don't get vaccinated. I fully support you.

- CeeDog, there are some negro's that are still not vaccinated, and say they don't intend to get vaccinated! :no:
MMH(68-72)(Tenn State Uni-"Think,Work,Serve")

Offline Professor

  • Assistant GM
  • *****
  • Posts: 15,942
  • Karma: +51/-26
  • Our time is coming..................
    • View Profile
It's pretty stupid to applaud your increased chance of getting the virus due to contact with infected employees

And they wonder things are the way they are

Offline Nomenclature

  • Assistant GM
  • *****
  • Posts: 5,421
  • Karma: +26/-93
    • View Profile
This is not good for low-income workers who are often disproportionately exposed to the virus.

Offline soflorattler

  • Assistant GM
  • *****
  • Posts: 42,274
  • Karma: +291/-609
    • View Profile
    • The Snake Pit
This is not good for low-income workers who are often disproportionately exposed to the virus.

Or well-off individuals who are purposely disproportionately exposed to the virus.
[/quote]

Offline blue72

  • Assistant GM
  • *****
  • Posts: 724
  • Karma: +21/-1
  • Veteran
    • View Profile
- That's a blow to business   if all your workers get sick you have to close your business   THE VIRUS IS NEITHER DEMO OR REPUBLICAN.  As long as it has a host it will be around

- Ken, this might also give a few business a reason ( can't find workers ), to move operations out of america.
MMH(68-72)(Tenn State Uni-"Think,Work,Serve")

 

 

2019 Onnidan HBCU Composite Football Schedule

 

Powered by EzPortal