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2022-01-13 15:08 by Karl Denninger
in Editorial , 1751 references Ignore this thread
Not Surprising, And Deserved By All
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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.

Now onto CMS.

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 fucked 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 fucking 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 fucking 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 asshole.  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 shit 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 fuck 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 shit 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.

'Nuff said.

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Cmoledor
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Fucking A right on Karl!! Burn those bitches to the ground!! Cheers all!!

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Conventional_wiz
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Ugh on the CMS one. Point taken, TG, on the history and getting to this point. Im late to the party on the whole healthcare-as-cancerous-parasite to the economy FACT, but youve opened my eyes.

My next question is the federal contractor mandate the last of the mandate trifecta and which hasnt gone to SCOTUS (yet?)
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Maybe this will be the domino that brings it all down.

The health care politics, should collapse right beside the health care system.

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Redjack
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Call from corporate.

We will NOT be implementing the mandate, but they are drafting a former letter (some plants are in states and countries with laws forcing things).

The exemption paperwork was shredded before submission.

Nadavegan
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This is cause for celebration (kind of - after all, how the hell did we end up here and where exactly is "here") but there is still the chance that Congress tries to ram through the authorization for OSHA to do exactly that.
Isidore
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"That is not to say OSHA lacks authority to regulate occupation-specific risks related to COVID19. Where the virus
poses a special danger because of the particular features of
an employees job or workplace, targeted regulations are
plainly permissible. We do not doubt, for example, that
OSHA could regulate researchers who work with the
COVID19 virus. So too could OSHA regulate risks associated with working in particularly crowded or cramped environments."

Take a stab at who's going to define "crowded" and "cramped" in The Mandate 2.0
Tickerguy
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Nope @Nadavegan - The Senate already told them to pound sand.

It's over; the Supremes have taken official judicial notice of what the Senate did, which I predicted they would -- and which was, in fact, dispositive in the case.

When the Senate did that I said right up front that was the end of it with regard to OSHA. Statutory construction and the clear intent of Congress matters, even through you have three screaming harpies on the court who can't read and are unfit to clean toilets.

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@Isidore - They could, for example, mandate masks in such circumstances.

They can't mandate shots.

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Calls for court packing in 3....2....1...?
Wearedoomed
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Given that the Senate grew a brain re: the mandate, and also given that the Senate votes on SCOTUS appointments, the chances of court packing don't seem all that high at this time.

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Especially out here in Kaliforniastan there are many, many places which require a vaxx to work there or enter an establishment (bars, restaurants, gyms, etc). With SCOTUS striking down the OSHA mandate for private businesses does this mean all of those CA employers and restaurants etc will no longer require vaxx's or vaxx proof? It would be nice to get back to some semblance of normal life out here.

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@Trappedinca - It does not void STATE regulations on a per-se basis.

Live in a shithole, wind up eating shit.

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Raggedy Ann is on now, flailing all over the place. I wish she would just hemorrhage out right there on the podium while the gallery watched. She is talking WAY too fast. It's beautiful.

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Bets on Biden drafting some executive order going around the supreme court?
(note, not saying it's legal, just saying he would try it)

I've got a $20.
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Nope.

He's done on this and if he doesn't cut it out he's going to sink every CEO who keeps up with it, if they don't go even further and take up a collection on the other side.

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@Trappedinca,

It has been noted that the vax card requirements are being largely ignored in Los Angeles right now. Law enforcement has explicitly stated they would not enforce.

Here in Orange County it's normal. Idiots are wearing masks, but I can walk into a restaurant without one, being asked to wear one, or being asked to show a card. Anyone that does gets the middle finger and no business. OC Sheriff has stated directly they wouldn't even RESPOND to a mask call.

If you're up North in Bay Area, well, they are all nuts and talking about voluntary in home isolation for everyone regardless of any status. The proper answer to that is fuck you. If you live there know there are much better places to live in state and out of state.

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Hey Joey... did the wind just shift?

Joey Shit-my-pants, Camel-suck, Pez-losi, Chuck Shitter, Psak-cho.... wow, just too many to name... how's that game plan working out? Even the Supremes told you to fuck off... so...

smiley
Inline

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Great Ticker Karl..

I, or WE CAN expect the quick collapse of several Hospitals/Health care providers, going forward.. Because of Staffing Issues.. Nurses, Doctors & practitioners, just leaving, refusing too get "Jabbed"..
I'm noticing this here in My AO..

Hence, I cannot get My knee replacement procedure at this time because of Staffing Issues EG:(NON-essential surgery)..

How is it CMS/Medicare/Medicaid (Fed funded) workers, are Mandated to be Vexxed While *Non* Government agencies are not?

Is this not Discrimination At face value? (Along with reports of POC getting Health care first?) though that in itself is yet another issue..

HOW FAST will We see, If your not "Vaccinated" before..

1. You WILL NOT Receive Medical care AT ALL. IF The Hospital receives CMS/Medicare/Medicaid funding?
(Side Bar) How MANY Hospitals DO NOT participate in these programs? Answer=ZERO?

2. IF your Insurance is Obummer care, Medicare, or Medicaid, you will be Forced to get "Vaccinated" before receiving ANY Medical care at all?

3. How many (free enterprise) folks will open a (lets say) OPENS, a Urgent Care/Surgery center that DOES NO receive Fed.Gov funding?

Will they be able to be even Licensed?

Employing Folks, Doctor's & Nurses, that have refused to get the Vaccine?
(IMOP) It Could be VERY Lucrative! (A underground Health network?)

4. For those folks receiving Medicare/Medicaid, NOT being able to, access this NEW Health network, (Out of pocket & poor), Will be FORCED to be vaccinated to be able too get into the Now Mandated Fed.Gov CMS network..

Wouldn't this cause a problem? Along with additional "Deaths"? That could be prevented?

I HOPE, I typed these thoughts out correctly..

If even What I typed, (My thoughts) are remotely coming to pass, I'm FUCKED.. As well as the misses..

Might as well WITHDRAW from Medicare, LET ME decide My own healthcare planning..

AS this Whole Shebang Collapses..

I quit smoking, trying to Keto, everything is (hopefully) going good.. GIVE MY MONIES BACK what I'm paying for Medicare! I'll take Muh chances!

Besides, What SCOTUS has said, some workers, (Health Care), have More/better Constitutional rights than others? smiley

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Trappedinca
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@Tickerguy - OK then if the states continue to mandate the clot shots aren't they liable for any vaxx related injuries or health problems? My understanding is that only the clot shot manufacturers are shielded from liability and that most of the private employers who were previously mandating the shots were pointing to the "Federal mandate" as the reason for it. Now those private corporations are liable for vaxx related injuries. But are the states who continue to mandate them liable as well?

And yes Kaliforniastan is a shithole and at some point I plan to move back to America (e.g. a free state like TN or FL)

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@Crossthread - They can't cut off Medicare/Medicaid BENEFITS without an act of Congress, which The Senate has already said "FUCK YOU."

They try THAT and they'll lose.

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@Trappedinca - Yep. State Actors are NOT immune under the PREP Act unless I missed something specific.

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Can anyone shed light on how these rulings possibly affect the executive order for government employees, government contractors or active duty members?

I know there are still court battles out there going on. But it seems like King Brandon is acting like a king and decreeing thou shalt get jabbed to the aforementioned, via executive order.

Seems like if the OSHA mandate got struck down, how can an executive order dictating the same thing stand as a policy?
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Wanted to Post here stating I was wrong. I thought it would 0-2 Vax Mandates would stand. My reasoning being is that all 9 justices were boosted. My thought process was that they would not use reasoning at all. At least I am a person who will admit being wrong and learn from it.
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Thank you for providing the REAL news so I don't have to pollute my brain by turning on my TV. I truly appreciate it!
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