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The same exact scenario occurred in Indiana courtesy of Amy Coney Barrett.
So what’s the “alternate outcome?”
The “alternate outcome” in each case would be for both Justices to do their job and set a hearing for a dispute which directly affects each of the United States and their citizens, and fundamental rights, which when violated, are "presumptively unconstitutional".
No. I gave no indication states have the constitutional power to enforce mandated vaccines, masks, and testing. I quoted a summary of the distinction of powers reserved to the states, and those delegated to our federal government as stated by Hamilton in FEDERALIST NO. 45:
“The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected.
The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State."
Whether or not a particular state can do as you suggest depends upon the state's constitution.
With reference to Biden, OSHA does not supersede our federal constitution and the list of particulars delegating power to our federal government to promote the general welfare of the United States found under Article 1, Section 8, Clause 1 of our federal Constitution.
There is no power authorizing the President of the United States to enter the states and dictate a states' internal affairs or compel businesses to follow his whims and fancies. There are a few exceptions where Congress has a limited delegation of power to regulate commerce "among the States". But that power was specifically delegated to allow Congress to prohibit one state from taxing or interfering with another state's goods as it passed through its borders.
So, with respect to safety standards a business must comply with, that power is one reserved by the States, and confirmed by the Tenth Amendment:
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States, respectively, or to the people.
JWK
That's just your opinion likely you will end up being wrong. Biden's mandates will be enforced.
Looks like Mandates have won US Supreme Court has decided to allow mandating of vaccines. I'm surprised by this I figured the right leaning court would block this.
Two months ago news talking about Governor Cuomo he's not even in office anymore.
"New York Gov. Andrew Cuomo (D) announced last week that he would be requiring all state workers to get vaccinated against COVID-19 or undergo regular testing."
Since then 95% full time teachers got the vaccine.
So, once again you make stuff up. What I posted are quotes from our nation's founding documents.
Aside from that, did you read Washington v. Harper, 494 U.S. 210, 229 (1990) in which we find “The forcible injection of medication into a nonconsenting person’s body represents a substantial interference with that person’s liberty."?
Also see Rivers v. Katz (67 N.Y.2d 485) 1986 in which the Court stated:
”In Storar, we recognized that a patient's right to determine the course of his medical treatment was paramount to what might otherwise be the doctor's obligation to provide medical care, and that the right of a competent adult to refuse medical treatment must be honored, even though the recommended treatment may be beneficial or even necessary to preserve the patient's life. This fundamental common-law right is coextensive with the patient's liberty interest protected by the due process clause of our State Constitution.
In our system of a free government, where notions of individual autonomy and free choice are cherished, it is the individual who must have the final say in respect to decisions regarding his medical treatment in order to insure that the greatest possible protection is accorded his autonomy and freedom from unwanted interference with the furtherance of his own..”
The fact is, any government act which impinges upon a fundamental right, must comply with the strict scrutiny test:
(A) be narrowly tailored to achieve the government’s purpose,
(B) the purpose must be clearly defined and be based upon scientific and logical reasoning,
(C) and, it must use the least restrictive means to achieve the government’s stated purpose.
And New Yorkers are still, to this day, suffering from Cuomo's destructive policies. What is your point?
JWK
You can speculate all you want but until the SC takes action against Biden's mandates lot of business's are moving forward with the mandates they can quit or weekly test.
You can speculate all you want but until the SC takes action against Biden's mandates lot of business's are moving forward with the mandates they can quit or weekly test.
Turns out that people are pragmatic.
Despite all of the foot-stomping on this site, the majority of workers are choosing to keep their jobs by getting vaccinated.
“The company says 99.5% of United employees have been vaccinated, not counting the roughly 2,000 who have applied for religious or medical exemptions. Elsewhere, other employers also report success with mandates. Tyson Foods, New York City schools, major hospital systems in Maine and the NBA are among those with vaccination rates topping 90%.”
You can speculate all you want but until the SC takes action against Biden's mandates lot of business's are moving forward with the mandates they can quit or weekly test.
There is nothing for the SC to do.
There is no "mandate" for private business. Biden cannot do that as he only has authority over Federal workers.
He directed OSHA to make a temporary rule. That has not happened.
There is no rule/law to challenge. Businesses are doing this on their own and not even allowing for testing.
Get a shot or get fired.
And the comments about this seem to fall to "They are a private business and can do what they want".
I don't care what you call it; I call it coercion.
Teachers are state employees so they fall under state orders.
https://www.washingtonpost.com/polit...942_story.html
The Biden administration is considering using federal regulatory powers and the threat of withholding federal funds from institutions to push more Americans to get vaccinated — a huge potential shift in the fight against the virus and a far more muscular approach to getting shots into arms, according to four people familiar with the deliberations.
There is no "mandate" for private business. Biden cannot do that as he only has authority over Federal workers.
He directed OSHA to make a temporary rule. That has not happened.
There is no rule/law to challenge. Businesses are doing this on their own and not even allowing for testing.
Get a shot or get fired.
And the comments about this seem to fall to "They are a private business and can do what they want".
I don't care what you call it; I call it coercion.
Teachers are state employees so they fall under state orders.
https://www.washingtonpost.com/polit...942_story.html
The Biden administration is considering using federal regulatory powers and the threat of withholding federal funds from institutions to push more Americans to get vaccinated — a huge potential shift in the fight against the virus and a far more muscular approach to getting shots into arms, according to four people familiar with the deliberations.
There is a long list of business's who have decided to just mandate it ahead of the Bided OSHA rule. It hasn't been decided by the courts yet if Biden has the authority or not.
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