Supreme Court Hearing on OSHA Mandate

By Krishna Chandrasekaran

Joe Biden, the man acting as President of the United States, has stated and issued a mandate that employers with more than 100 employees have to require their employees to receive the COVID-19 vaccine or get the COVID test. After going through numerous federal courts, including the various federal circuit courts, the dispute regarding whether Biden’s mandate is constitutional has reached the U.S. Supreme Court (USC). The ruling should come soon, and so it is critical to understand how this case should be ruled, mainly because the USC fails to rule in the way that it should, proving itself to be derelict in its duty at best, and corrupt at worst.

The USC’s job is to determine whether the case in dispute violates the U.S. Constitution or not. That’s it, nothing more, nothing less. The USC should not rule in consideration of anything else. This matters significantly in this case because the USC justices are arguing based in consideration of the science; comments made by some of the justices are how the COVID-19 pandemic is a major and legitimate emergency, the COVID-19 vaccine stops infection, the COVID-19 vaccine prevents deaths, and so forth. Even if those points are correct, which they mostly are not, they have no relevance to the matter, which is whether the mandate is in accordance with the U.S. Constitution. Instead of wasting taxpayer money and energy in shirking from their constitutional duties, here is what the USC should be arguing and ruling: is Biden’s mandate law and constitutionally valid?

The U.S. Constitution, the supreme law of the United States, only authorizes the U.S. Congress to be the legislative body and, therefore, the only body of the federal government that can create any laws. The U.S. President nor Executive branch cannot constitutionally create law; they can only enforce the laws in the Constitution and those passed by Congress. Joe Biden’s mandate was not passed by Congress, and Congress never voted to pass or legislate the mandate into law. Therefore, Biden’s mandate, because it didn’t go through Congress, cannot be enacted or enforced as law, which makes it unconstitutional. This is all the USC is constitutionally authorized to rule and consider for this case, not the science, the severity of the COVID-19 virus, the efficacy of the vaccine, or any of those scientific matters. However, the USC is not ruling and behaving as it should per the Constitution, and so the USC is therefore derelict in its duty at best, and corrupt at worst, much to the expense of the hapless citizens and taxpayers.

The final ruling is scheduled to be delivered soon after the time of this writing, but when it will actually be and what the final ruling is, bottom-line, too hard to say. The USC is leaving the entire country in limbo in delaying its final ruling. Center for American Liberty CEO and civil rights attorney Harmeet Dhillon believes a split ruling will be issued; as she explained to Tucker Carlson, “I think there may be a split ruling out of the court. I think on the case…challenging the large employer mandate, it looks to me like we have five or six votes to enjoin that order,” she said. “But on the one regarding medical facilities, because the order is tied to federal funding, I think there are some different arguments there and the justices seem more likely to uphold that OSHA mandate on medical facilities.”

Dhillon, who is personally representing a client in the case, said the justices will likely uphold the mandate requiring health care workers to be vaccinated while overturning the rule applying to private companies with more than 100 employees. If she is right, that might be the best the people should expect from the USC in defending and promoting liberty and the U.S. Constitution.

Source: Liberty Forecast Blog

Image: Spiro Skouras

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