I predicted a "split the baby" decision and we got one. It wasn't exactly where I thought they'd split it, but it was fairly close.
The OSHA ruling got blown up by the Supremes, 6-3 as I expected. This leaves all the private-sector employers who issued mandates in front of it fully exposed for any and all bad side effects. I expect the lawsuits to start imminently and they will bankrupt plenty of people.
Good. I hope every single virtue-signaling CEO and HR Karen gets in the ass. They deserve it.
OSHA has never before imposed such a mandate. Nor has Congress. Indeed, although Congress has enacted significant legislation addressing the COVID–19 pandemic, it has declined to enact any measure similar to what OSHA has promulgated here.
Exactly and as I noted the Senate explicitly declined to approve such a measure in the last couple of months and in fact explicitly disapproved it. Yes, it went nowhere in the House as expected but you need both houses of Congress to concur when it comes to an authority. I said this would get official notice by The Supremes and it did.
In fact, the most noteworthy action concerning the vaccine mandate by either House of Congress has been a majority vote of the Senate disapproving the regulation on December 8, 2021. S. J. Res. 29, 117th Cong., 1st Sess. (2021).\
With the Senate explicitly disavowing same and nothing in the Congressional Record nor acts over the last two years this was clearly doomed and died a well-deserved death.
Here I predicted the most-likely outcome was a split decision upholding the mandate in nursing homes and other non-consensual situations. What we got was a 5-4 upholding it on technical grounds and, having read the opinion, you won't like why it happened.
Let's be blunt: You ****ed yourself, America, and you deserve this outcome. You put the Federal Government in charge of what it pays for when it comes to medical care. You let them, not you or your doctor, make those decisions.
You have in fact cheered this on and allowed it. You even allowed it when Trump promised to stop it during the campaign, along with all of its corruption, and then on election night all three planks dealing with the medical monopolies, which were a mere start, disappeared and yet fully half the nation continued to suck his dick.
Simply put you cannot complain now that the very organ of government you empowered to set rules on how it spends money and the parts of the economy that it has allowed to violate 15 USC Chapter 1 for decades without a single ****ing one of these people going to prison because you got yours and it was someone else who took it up the ass up until now has turned around and boned you in the butthole.
Actions -- and deliberate inactions -- have consequences. I don't like the outcome but it wasn't illogical considering what was argued and what we, the people have permitted and set in motion over the last three decades. The solicitors on the State side failed to argue that (1) these are experimental injections and (2) as of now they don't even ****ing work and even Pfizer's CEO admits it.
That was stupid, incidentally, but when you read the opinion the bottom line is that none of that matters.
I am free to refuse to spend my money because I think you're an *******. I can do it because your hair is too short, too long, or you wear it the wrong way. I can refuse because you have a beard, or not. I can refuse because you wear red clothing. I can refuse for all manner of stupid, unfounded reasons but its my money and I have the right to make the decision.
If I find that something is in my interest even if I'm full of **** I can still make the decision.
That's how you lost, and its because we the people have for more than three decades allowed this to stand.
By our own permission, the ruling was correct.
I don't like it, but here's the salient point:
To that end, Congress authorized the Secretary to promulgate, as a condition of a facility’s participation in the programs, such “requirements as [he] finds necessary in the interest of the health and safety of individuals who are furnished services in the institution.” 42 U. S. C. §1395x(e)(9) (hospitals); see, e.g., §§1395x(cc)(2)(J) (outpatient rehabilitation facilities), 1395i–3(d)(4)(B) (skilled nursing facilities), 1395k(a)(2)(F) (i) (ambulatory surgical centers); see also §§1396r(d)(4)(B), 1396d(l)(1), 1396d(o) (corresponding provisions in Medicaid Act).
Note the language. It does not matter if he's right or wrong and that's the problem you let stand.
The statute is what it is and it doesn't matter if the Secretary is correct or not; he or she simply must issue such a finding. Your recourse as a provider is to tell the programs to go to Hell. If you, as a provider, have made yourself dependent on them that's on you and now, its on your workforce.
If your workforce tells you to **** off, and they should, then the Secretary can be forced to rescind the rule because with no workers and nowhere to spend the money he has no choice.
But when you signed up voluntarily it wasn't slavery, was it? You liked the money. Guess what?
The person with the checkbook calls the tune.
Yeah, the decision sucks if you're dependent on CMS. And who is? Most if not all providers. Why? Because all of us have let the medical monopolists pull this **** for more than thirty years, we sat back and destroyed the capacity for physicians and others to make decisions on their own without the "one true checkbook" making the call and now you're getting it in the ass.
Let me know when you're ready to call it rape.
It has been for thirty-plus years and now it's not just the tip -- it's also the needle with an unapproved, experimental and dangerous drug. Just like all those Covid-19 patients were stuffed full of Remdesivir for the same reason eh?
Yeah, you got four votes of a middle finger to CMS - Thomas, Alito, Gorsuch and Barrett.
But you needed five.
As for the three screaming harpies on the OSHA mandate they've proved they're not Justices; they are incapable of both logic and apply the law. Statutory construction does not fall because there's a virus; indeed, The Constitution was put in place during a time when smallpox, a truly deadly disease, ravaged the land on a routine basis.