SCOTUS Weighs In On The OSHA Mandate

SCOTUS Weighs In On The OSHA Mandate

SCOTUS Weighs In On The OSHA Mandate

I am not one of those people who say, “I’m all about getting the vaccine, I am just opposed to a mandate.”  Nope, I am not a fan of the vaccine at all, unless you belong to a high-risk demographic.  As it happens, my husband fits that profile.  He got the jab; I have not.  Unfortunately, I’m the one on pins and needles about the possible ramifications of Joe Biden’s overreaching Covid mandate for companies with 100 or more employees.  So far, I haven’t seen any indication that my company will act in January.  The company headquarters are in DeSantis Country, and I work in Abbot Town.  Both governors have put legislation in place to shield me from losing my job.  I hope.  But we have seen Big Business cave to the mob in unexpected ways over the last 2 years, and I would really like to see this matter settled.  Therefore, I will be watching as SCOTUS weighs in on the OSHA Mandate.

None of my new girlfriends have opted to get the vaccine.  There’s six of us.  All educated.  All with well-paying jobs.  The decision to vax or not vax has consumed many of our conversations over the last year.  One wants to go back to the office and wonders if it’s just easier to give in.  She also has the highest risk of a negative reaction to any of the vaccines.  Most of us are just skeptical of the term vaccine in general. 

An MRNA gene sequence that creates protein spikes for certain virological strains doesn’t really seem like a vaccine to us.  I’m the one with the tin foil hat on.  The more they push, the more I resist.  What started as doubt over testing protocols has morphed into ideological obstinance.  I just don’t want to give them the satisfaction of bullying me into subservience.   Also, My Body.  My Choice, right?  

Just last week, I signed the Daily Wire petition: DO NOT COMPLY.  If you haven’t done so yet, I would urge you to do so now.  Even if you are one of those people who are all about getting the vaccine, just not the mandate.  Their blurb on the page speaks to me:

“It is the duty of every patriot to resist tyranny wherever it rears its ugly head, which is why The Daily Wire has filed a lawsuit against Biden’s authoritarian vaccine mandate.  Will you join our resistance? Sign the petition. Make your voice heard.”

Thus, it is a real victory for The Daily Wire to get their day in court.  Not just any court, The Supreme Court.  Whether or not this bench will give us the answer we seek is entirely unclear.  We have seen Kavanaugh and Barrett fold like a cheap suit in the face of unpopular decisions.  Many of the comments I have read suggest I am not alone in having doubts about this court’s ruling.

“The mandate, promulgated by the Occupational Safety and Health Administration (OSHA), requires that all companies with 100 or more workers mandate COVID-19 vaccination or weekly testing and masking for employees.

The decision comes after The Daily Wire, as well as other petitioners, asked the Supreme Court to take up the case.”

What I am hoping however, is that the Court will recognize that Omicron is a game changer at every level.  Every day there is new evidence that rather than a harbinger of death and destruction as Biden would like us to believe, it is instead a Christmas miracle.  Data from the source in Africa and now the U.K. suggests we should all wander out into the wild, free from masks and fear.  This thing is likely to rip through the world like Santa on his merry sleigh, delivering herd immunity in the fastest, cheapest way possible.  Grab a box of Kleenex and a bottle of Nyquil and let ‘er rip I say!

“Early evidence from Scotland and England suggests that omicron is sending fewer people to the hospital.

That surveillance tracks well with the latest observations from South Africa, where public health officials have reported that the omicron variant is tending to result in milder illness. Scientists had not been sure whether that finding would hold elsewhere.

“This is a qualified good-news story,” said Jim McMenamin, national covid-19 incident director at Public Health Scotland and one of the co-authors of the Scottish study.”

Watch as Keith Armitage, MD, infectious disease physician and Medical Director, UH Roe Green Center for Travel Medicine & Global Health explains what infectious disease experts know so far and why Omicron could be the best news yet!

Also, Omicron continues to kill NARRATIVE!  Vax up or kill your Granny they tell me.  Really?  Cause from what I read in Time Magazine, which doesn’t really seem to add up!

“New York City, one of the first places in the country to experience a significant Omicron spike, is recording an average of more than 7,000 cases per day, despite 71% of the city’s population being fully vaccinated and about 1.7 million people receiving boosters. As of Dec. 4, the case rate among fully vaccinated New Yorkers was 97 per 100,000 people—far lower than the 804 cases recorded per 100,000 unvaccinated people, but roughly double the rate observed among vaccinated people a month earlier.”

So, with all those new data points, how exactly does OSHA get the power to enforce and fine businesses who refuse to mandate a vax or fire policy?  Would OSHA then be able to do the same for folks who don’t get the flu vaccine?  How about showing up to work with the common cold?  Seriously?  Ask yourself if you think we should fine companies that don’t quarantine folks with the sniffles?

While I may never forgive Jonathan Turley for his part in impeaching Donald Trump, I see some signs that he may be getting red-pilled.  

What I find fascinating about Turley’s tweet is his point about the Chevron and deference elements.  To be fair, I had to read his brief to understand his comment.  I know a little about a lot of things.  Not a lot about anything.  But the thrust is that we have allowed a fourth branch of government to be built in the Administrative State.  In his own words:

“The unavoidable fact is that our system is changing in a fundamental way and that change is occurring without public debate or consent. That is why this hearing is so important. No case better reflects this new governmental model than Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., an administrative law case that has come to embody the role of federal agencies in not just enforcing but creating law. If our system is to be returned to its original moorings, we must be able to address, and alter, the Chevron doctrine in how it affects the balance of power within our federal system.

Massive federal agencies now promulgate regulations, adjudicate disputes, and apply rules in a system that often has relatively little transparency or accountability to the public. All but a tiny fraction of these actions is (or can be) reviewed by Congress, which has relatively few staff members and little time for such reviews. As a result, it is the Administrative State, not Congress, which now functions as the dominant “law giver” in our system. The vast majority of “laws” governing the United States are not passed by Congress but are issued as regulations, crafted largely by thousands of unseen bureaucrats.”

This is the case that I think might be at the heart of this OSHA mandate.  Do we, The People, owe any deference to an agency that we did not vote for nor have any ability to oversee?  Does any business have any duty to yield to a decree that has not been legislated by Congress? A protective shield can be donned and removed at the beginning and end of a work shift.  The vaccine is a medical procedure that cannot be undone. 

If I am one of the outliers who get a blood clot, I have no recourse.  Will I get to sue the government since I cannot sue the vaccine manufacturer?  Or can I sue my company?  Where do I get redress?  As it stands now, the answer is nowhere.  Instead, I just want to get the ‘Cron and get on with my life.  What say you?

Featured Image: “The Supreme Court” by WEBN-TV is licensed under CC BY-ND 2.0 and Royalty-free stock illustration ID: 2061727184 by GoodIdeas via Shutterstock, cropped and modified

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5 Comments
  • Dane says:

    I appreciate your point of view. especially, because you have refused the vax. Thank you.

  • ontoiran says:

    the bottom line for me is this…if i can be forced, against my will, to allow myself to be injected with ANYTHING; FOR ANY REASON; then i am a pet or a farm animal; not a human being made in the image of God almighty. it doesn’t matter to me what ANYONE (including the scotus) says about this.

  • brandon says:

    poke around utube for John Campbell. Lots of interesting stuff.
    But lets all be honest, these are not vaccines. They are “flu shots targeted at SAR-Cov”. You never hear of people needing 3 smallpox shots, do you?

    In the US at the moment, I think everything is still under EUA, so where’s the liability?
    A lot of the issues seem to be related to mRNA variants, so perhaps the J&J is the way to go if forced “jab or job”. J&J has some potential bad stuff, but the demographics seem constrained so keep all that in mind.

  • John C. says:

    I own an 0.3 acre lot. I also own a battery-powered lawn mower. It has many advantages over a gas mower: it starts right up, no matter how long it’s been sitting; I don’t have to store gasoline, and it is quieter than a gas mower. It does have some disadvantages: the biggest is that the battery will only run the mower for about 20 minutes at a time at full cutting power, so it takes me 4 days to cut the lawn. I decided that the advantages outweighed the disadvantages, for me. I would bitterly resent the government requiring me to get a battery-powered mower, if I felt that a gas mower would suit my situation better.

    By the same token, I drove an Insight gas/electric hybrid car for 13 years, because I decided its advantages (an honest 65mpg on the highway being first among them) outweighed its disadvantages (it was one of the lightest cars on the road, and there is a direct correlation between mass of a vehicle and the likelihood of surviving a crash). I would bitterly resent the government requiring me to get such a car, if I thought its disadvantages outweighed its advantages.

    My wife and I have had the Pfizer vaccine, and booster, because I am over 68, and my wife, of similar age, also has asthma. We decided that, in our cases, taking the vaccine made sense, when it might not for someone of lesser age and/or better physical condition, when it has been shown that the dangers of the CORVID [sic] virus get less the younger a person is. Anyone above the age of 18 is an adult in this country, and should be allowed to make their own decisions.

  • […] to start last week, everyone has been watching the Supreme Court for their anticipated ruling on the mandate cases. Well, today the Supreme Court finally gave the private businesses and the healthcare industry in […]

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