Did the S.C.’s majority opinion in Biden v. Missouri ignore the rule of law?

Biden should have stood by his own and original no vaccine mandate declaration rather than caving into the lunatic’s forced vaccination of the public at large.

JWK

It would be an absurdity to believe that our founders, and those who ratified our Constitution, vested a power in Congress to delegate powers which it may not rightfully exercise itself.

As the damages from the mandates become more apparent and the threat of COVID evaporates, I would not be surprised if Democrats will end up denying that they ever supported mandates.

Selective memory.

2 Likes

BTW, here is a LINK to the 20 page order putting a hold on Biden’s vaccine mandate for federal workers, part of which reads:

As noted above, the Fifth Circuit has already determined that the Hobson’s choice employees face between “their job(s) and their jab(s)” amounts to irreparable harm. OSHA, 17 F.4th at 618. Regardless of what the conventional wisdom may be concerning vaccination, no legal remedy adequately protects the liberty interests of employees who must choose between violating a mandate of doubtful validity or consenting to an unwanted medical procedure that cannot be undone. The Fifth Circuit has also held that the reputational injury and lost wages employees experience when they lose their jobs “do not necessarily constitute irreparable harm.” Burgess v. Fed. Deposit Ins. Corp., 871 F.3d 297, 304 (5th Cir. 2017). But when an unlawful order bars those employees from significant employment opportunities in their chosen profession, the harm becomes irreparable. Id

JWK

It would be an absurdity to believe that our founders, and those who ratified our Constitution, vested a power in Congress to delegate powers which it may not rightfully exercise itself.

What did the S.C. Majority in Biden v. Missouri actually rule?

As I read it, the Majority asserted the Secretary of Health and Human Services has authority under legislation passed by Congress to require healthcare workers at facilities receiving federal funding, to be vaccinated

The question of Congress’ authority to actually delegate such authority was not addressed by the Court, nor did the court address the question of these healthcare workers’ fundamental rights being infringed upon by the mandate.

Here is a LINK to the 20-page order putting a hold on Biden’s vaccine mandate for federal workers. It is well worth studying it!

Finally, it would be an absolute absurdity to believe that our founders, and those who ratified our Constitution, vested a power in Congress to delegate powers which it may not rightfully exercise itself.

JWK

I’m still trying to find confirmation that Congress has been delegated a power under our Constitution to require healthcare workers at medical facilities within the various state borders to be vaccinated.

Exactly what wording in our federal Constitution grants such power? Keep in mind it would be an absolute absurdity to believe that our founders, and those who ratified our Constitution, vested a power in Congress to delegate powers which it may not rightfully exercise itself.

The fact is, once a lie is told by the Supreme Court, as was the case in Helvering v. Davis, and that Congress was authorized to adopt the Social Security Act under the “general welfare” clause, it eventually takes more lies to be told in order to defend the original lie.

JWK

"The Constitution is the act of the people, speaking in their original character, and defining the permanent conditions of the social alliance; and there can be no doubt on the point with us, that every act of the legislative power contrary to the true intent and meaning of the Constitution, is absolutely null and void. ___ Chancellor James Kent, in his Commentaries on American Law , 1858.