Supreme Court's Ruling On Vaccine Mandates Is Frighteningly Weak

Article author: 
Margot Cleveland
Article publisher: 
The Federalist
Article date: 
15 January 2022
Article category: 
National News
Medium
Article Body: 

Justices Roberts and Kavanaugh both acquiesced in the Biden Department of Health and Human Services’ power grab....

Yesterday’s forked decisions from the Supreme Court in two vaccine mandate cases now add a corollary to that principle: Quick cases make milquetoast opinions....

Justices John Roberts and Brett Kavanaugh switched sides to join the court’s leftist members in the Medicare/Medicaid case, with Justice Clarence Thomas and Justice Samuel Alito issuing separate dissents joined by Justices Amy Coney Barrett and Neil Gorsuch in Biden v. Missouri....

... “administrative agencies are creatures of statute” and “have only the authority that Congress has provided.”...

Given the breadth of the overreach and the offense to our constitutional republic, passion was required, not pedanticism....

“But the Constitution imposes boundaries here,” he [Justice Gorsuch] stressed, for “if Congress could hand off all its legislative powers to unelected agency officials, it ‘would dash the whole scheme’ of our Constitution and enable intrusions into the private lives and freedoms of Americans by bare edict rather than only with the consent of their elected representatives.”... Called the non-delegation doctrine, it prevents “government by bureaucracy supplanting government by the people,”...

The real tragedy came, however, in the companion case of Biden v. Missouri. That case was argued the same day, but with the Supreme Court ruling on Jan. 13 that the Department of Health and Human Service’s vaccine mandate for medical facilities receiving Medicare and Medicaid funding could go into effect....

Justice Alito continued, noting, “today, however, most federal law is not made by Congress. It comes in the form of rules issued by unelected administrators.”...

The Biden v. Missouri dissents, however, did not go far enough. The same separation of powers problems plaguing the OSHA regulation apply equally in the context of the CMS rule. Yet the dissenting justices gave short shrift to those concerns....

Related

Supreme Court’s Left-Leaning Justices Prefer Bureaucracy to Democracy, Epoch Times, 15 January 2022:

... What should not be overlooked, however, was the chilling peek into the mindset of the left that was provided in the Democrat-appointed Justices’ dissents....

But in their dissent, Justice Stephen Breyer, appointed by President Bill Clinton, and Justices Sonia Sotomayor and Elena Kagan, both placed on the high court by President Barack Obama, said of their six colleagues in the majority, “Acting outside of its competence and without legal basis, the Court displaces the judgments of the Government officials given the responsibility to respond to workplace health emergencies.”...

... in other words, extreme deference to federal agencies’ judgments of the extent of their powers....

To these three Justices, the benefit of the doubt always favors governmental intrusion into Americans’ lives....

SCOTUS Ruling on Health Care Vaccine Mandate a ‘Big Mistake,’ Stanford Professor Says, Epoch Times, 14 January 2022:

The U.S. Supreme Court ruling on Thursday allowing the Biden administration to continue mandating COVID-19 vaccines for most health care workers is “really unfortunate” and a “big mistake” from a health policy perspective, said Dr. Jay Bhattacharya a professor at the Stanford University School of Medicine....

Bhattacharya said the SCOTUS ruling is “really unfortunate,” and likely to create labor shortages in American hospitals for the foreseeable future. “It’s already the case that there’s a reduction in staff hospital beds—tens of thousands—and that’s because they’ve lost so many workers in hospitals. [Health care workers] left because they didn’t want the vaccine.”...

Supreme Court Rejects Attempt to Block Mask Mandate on Airplanes, Epoch Times, 18 January 2022.

US Judge Blocks Biden Federal Employee Vax Mandate: 'A Bridge Too Far', Newsmax, 21 January 2022:

U.S. District Judge Jeffrey Brown said in his Friday order that at issue was whether the president "can, with the stroke of a pen and without the input of Congress, require millions of federal employees to undergo a medical procedure as a condition of their employment."
 
He added, “That, under the current state of the law as just recently expressed by the Supreme Court, is a bridge too far."...