Presidential Edict powers affirmed by usual black-robed POS


Posted On: Saturday - January 15th 2022 5:03PM MST
In Topics: 
  US Feral Government  Healthcare Stupidity  Legal Stupidity  Morning Constitutional  Kung Flu Stupidity



That's POS plural, as in Pieces Of Shit, Chief Justice John Roberts (above) presiding. The first decision the SCROTUS made on Thursday evening, National Federation of Independent Business v. OSHA was regarding the sweeping vaccination and testing edicts for all companies of 100 people or larger.

The Heritage Foundation article, on the side of freedom, had details in Unpacking Supreme Court Justices’ Reasoning in Vaccine Mandate Decisions.
“As its name suggests,” the court explained, “OSHA is tasked with ensuring occupational safety—that is, ‘safe and healthful working conditions.’” That means OSHA is only empowered “to set workplace safety standards, not broad public health measures,” and according to the justices, “no provision of the Act addresses public health more generally, which falls outside of OSHA’s sphere of expertise.”
Judges Kagan and Sotomayer, were of course on the side of Totalitarianism along with the lefty Stephen Breyer and wrote a dissenting opinion in favor of these Presidential Edicts, now called "mandates", to be enforced by the Executive Branch. I've looked all through the document, but I'll be damned if i can find anything that allows that in the US Constitution. Perhaps haven't downloaded the latest update.

Per the article, Judges Neil Gorsuch, Clarence Thomas and Samuel Alito wrote a concurring opinion, Justices Brett M. Kavanaugh, Amy Barrett, and Roberts also voted against the legality of this edict and against OSHA's attempted massive mission creep, making it 6-3.

In their 2nd "opinion" on (and that's what it should be taken as, opinion not law, but it isn't these days), Biden v. Missouri, the decision was that "the US Department of Health and Human Services’ vaccine mandate (administered through the Centers for Medicare and Medicaid Services) for workers at federally funded health care facilities" is somehow OK. Wait, only "federally funded" health care facilities? Yeah, don't breath a sigh of relief here. That means anyone who takes Medicare and Medicaid, meaning pretty much ALL of them. That's the stick that the Feds having been using on the hospital. which don't at all mind taking that stick up the wazoo from what I've seen.

On this 2nd case, Judge Thomas, joined by Gorsuch, Alito, and Amy Coney Barrett, dissented, The 3 Totalitarians from the 1st case, along with, yes, Trump-appointed Kavanaugh and Roberts, voted "aye". It was 5-4, and, I don't know the deal with Kavanaugh, but Judge Roberts let us down again. This is the 2nd big healthcare issue for which this George W. Bush appointee* has sided with big government Totalitarianism over freedom.

Remember the passage of Øb☭macare 12 years ago? (I can remember writing comments on the American Spectator site about it.) The Totalitarian side won out by a nose, every step of the way on the implementation of that piece of Fed-Gov over-reach. The last step was the Supreme Court. That's where Judge Roberts came up with some bogus argument about that whole monstrosity of Socialism being just a tax, which is OK (don't even now why on the latter).

I wonder who's got the goods on this guy? This one is not only another increase in Totalitarianism, but it will affect my family right away, more quickly than the Totalitarianism will. Screw this guy!

Finally, from Fox News, I read that anti-Panic hero Ron DeSantis of Florida had to say about it.
"But honestly, Roberts and Kavanaugh did not have a backbone on that decision," DeSantis also said. "That's just the bottom line."

DeSantis also vowed to enforce Florida’s protections for nurses amid the health care worker vaccine mandate.
There are a lot of very nice spots down there still. I just don't know how long the blue State refugees will take to destroy the place.


* Right to the top too, as initially he was to be a regular justice, but then Bush appointed him directly to Chief Justice.

Comments:
Mark G.
Wednesday - January 19th 2022 1:05PM MST
PS

DeSantis has handled Covid the best of any governor in the nation and would make a great presidential candidate. The only flaw of the Florida approach was that early treatment protocols using nutritional supplements and drugs with expired patents like Ivermectin and HCQ were not implemented. Dr. Peter McCullough has said hospitalizations could have been reduced by 85% if early treatment protocols had been implemented and Florida could have set a good example for the rest of the country by doing it. His surgeon general, Joseph Ladapo, has recently started moving in that direction and is advocating the use budesonide, fluvoxamine and monoclonal antibodies as early treatments. Government agencies almost completely blocked early treatments in order to eliminate competition to Big Pharma's patented drugs and vaccines.

Hail
Sunday - January 16th 2022 1:09PM MST
PS

re: DeSantis and opponent(s)

For what it's worth (which may not be much in January 2022), the latest, public, national-scale 2024 primary poll is from mid-December 2021. It is YouGov poll, run by University of Massachusetts--Amherst (which, according to GAnderson, now exists in a N999-masked, quintuple-vaxxed, paranoid Corona-fog for a third school year running).

The poll shows DeSantis and Trump are running even, if you include both first and second choices. Given the big advantages any 'incumbent' has in name-recognition especially among low(er)-info people, I take this to mean DeSantis is probably really ahead.

________________

FIRST CHOICE for 2024 REPUBLICAN NOMINEE
among "likely primary voters"

- Trump Sr.: 55%

- DeSantis: 20%

- Nimrata R Haley: 7%

- Pence (the man who refused to play any role in the election dispute): 6%

- Ted Cruz: 6% (this before out of nowhere he called the election-dispute protesters "terrorists")

- Other specific preference: 6%

.

FIRST CHOICE plus SECOND CHOICE combined

- Trump Sr.: 68%

- DeSantis: 57%

(The Umass press release and account of the results is dated January 5, 2022, under title: "New Umass Amherst poll on election reforms shows continued national support for expanding voting tights" --- no comment on the headline, but you will find these original results there.)
Moderator
Sunday - January 16th 2022 6:21AM MST
PS: Mr. Corrupt, thanks for the correction. It was supposed to be SCROTUS (what would the "R" be, "Retards"?). Typo fixed.

Mr. Blanc, I would guess that's the case too. Got an old post here (from 2 1/2 years ago), called:

"The Cocktail Party theory of Political Stupidity":

https://www.peakstupidity.com/index.php?post=1162
Moderator
Sunday - January 16th 2022 6:16AM MST
PS: Mr. Hail, thank you for the discussion of the anti-DeSantis politics now. (I am more like one who has this all "trickle down" to me.) Indeed the Lyin' Press is geared toward attacking rather than reporting, day and night. That's all they seem to know now. I do think that Mr. Kief is right that they also see Gov. DeSantis as an up-and-coming anti-Establishment Presidential candidate. They need to attack early and often.

The attacks may be even more vicious than as with Trump, as this guy is so much smarter and more capable than Trump ever was. (Trump's pro-vax stance now is nothing but his big ego. Fine to have a big ego if you've actually accomplished a lot, but ...) DeSantis will get different kinds of attacks than Trump did because he's not such a buffoon, as to make it easy to just make fun of him. The latter didn't work anyway in '16 and wasn't in '20, so that had to ramp up the cheating.
Dieter Kief
Sunday - January 16th 2022 4:53AM MST
PS

Here are actual numbers confirming what I assumed in my answer to Mr. Hail blow: The Omirkon wave is burnig through fast and has PEAKED already! - So the window of opportunity for attacks on the alive and well Covid-panick-basis is wide open now - and will close soon - the attackers do have to hurry up here.

See Michael Levitts tweet below (if it shouldn't work here - just look at Michael Levitts twitter thread

https://publish.twitter.com/?query=https%3A%2F%2Ftwitter.com%2FMLevitt_NP2013%2Fstatus%2F1482323730634321923&widget=Tweet
Dieter Kief
Sunday - January 16th 2022 4:29AM MST
PS - Mr. Hail, they might think that they have sacked the Trump man already and that DeSantis might thus have a chance in the next presidential race. So: He'd logically be the next Republican they have to dismantle. - And what better chance than now, that the Covid-hodspitalizations are - most likely - peaking! - The perfect moment to start a death-scare attack on DeSantis! - And maybe the last one for quite some time, since Omirkon might burn through fast in the US too. - And if - what then?!
The perfect moment to do a lot of damage to DeSantis might well be right now!
MBlanc46
Saturday - January 15th 2022 10:14PM MST
PS Federal judges almost always go native. By the time that someone is a likely candidate for the SC, s/he has been marinated in Leftism for decades.
Corrupt
Saturday - January 15th 2022 9:22PM MST
PS

I suggest you use SCROTUS rather than SROTUS.
Hail
Saturday - January 15th 2022 8:04PM MST
PS

One more thought on DeSantis, the piranha-like political Panic-pushers, and the now-discredited-looking Trump

I floated the idea that the Supreme Court decision two days ago which at least *appeared* to block most of the illegal-and-immoral Vaccine Mandates may be behind seemingly out-of-nowhere renewed media attacks on DeSantis. (Although, sadly, it didn't apply to healthcare workers, hence this Peak Stupidity post; and we see strong signals that Pro-Panic strength on the US Supreme Court is far from willing to give up, with several disgracing themselves with spring-2020-level Corona-Delusions.)

A simpler analysis is that the main reason these guys (the Chaits, the Uhlfelders, actually most of The Media and agenda-setting elite) did it is they do want to lash out against the Anti-Panic side but they are by now just too addicted to attack, attack, attack. After running that script for five years with Trump, it's an addiction, fueled by the Internet. Now that Trump looks like a dud and a buffoon on the Corona Question, they almost have to attack DeSantis.

It's also funny these people only NOW appreciate that Trump was always on their side but for the wide web of ongoing petty personal disputes ("in vino, veritas": we see it Trump's almost-two-year-long refusal to attack the Corona-Panic directly in anything like a DeSantis-style scorched-earth campaign aimed at nothing less than slaying the beast, crushing the Panickers' power, dismantling the Panic Train. He failed totally on this. And now consider his bizarre rebirth as a crusader to crush Anti-Vaxxers and to promote how he himself saved the world via lockdowns).
Hail
Saturday - January 15th 2022 7:57PM MST
PS

We get this line yesterday from Jonathan Chait of 'New York Magazine'. Headline: "DeathSantis ’24: Maybe Trump Was Too Honest and Sane on COVID"

"If you loved Donald Trump, but wish he jailed Fauci and didn't promote the vaccine, there's a presidential candidate for you...."

The accompanying image is a sinister-looking, black-and-white DEATHSANTIS image. It's one of those used by Corona-Panic-pusher Daniel Uhlfelder and his Remove Ron group.

(The Uhlfelders and the Chaits have something in common which I won't mention, something beyond their firm commitment to the Pro-Panic side in the Corona controversy and their aggressive Pro-Panic evangelism/propaganda. Notice that Chait, a big-platform New York agenda-setter, lifts Uhlfelder's nickname for DeSantis ["DeathSantis"] besides just using the image from the Remove Ron campaign.)

As I have written out these two comments, I still don't know exactly why they've decided to suddenly turn on the hate-spigot against DeSantis again, but it may be a kind of damage-control from a series of defeats and the narrow defeat of the illegal-and-immoral Vaccine Mandate news, plus Biden getting that terrible 33% approval rating from a sympathetic pollster.
Hail
Saturday - January 15th 2022 7:46PM MST
PS

"...anti-Panic hero Ron DeSantis of Florida had to say about it[:] "But honestly, Roberts and Kavanaugh did not have a backbone on that decision," DeSantis also said."

All of sudden I'm noticing lots of attacks on DeSantis. It's funny how these things work, or at least how they've evolved. This awful decade of the 2020s feels more like the US is a Soviet-style state with centrally controlled, official talking points than any other decade I know of.

The attacks on DeSantis are broad and coordinated-looking, seeming calling from all sides (if you are a news-follower; if not, you'll get the trickled-down version in due time and kind of absorb it without even knowing it), from Big Media, from Managerial-Regime-adjacent would-be agenda-setters, from Big Tech.

If I'm right that there was some kind of signal to start attacking DeSantis, I wonder what it was?

There is no separating any politics yet in 2022 from the Corona-Panic, which still overshadows all, and the partial/symbolic defeat of the "obviously-illegal and immoral) Vaccine Mandates on Thursday is there. But this feels different, I don't know.

Some of the commentary also has a tinge of Strange New Respect for Trump (who is still declaring how he saved millions of lives with lockdowns and vaccines). The idea, or the talking-point, is "DeathSantis is a maniac who wants to kill millions with flu viruses" ("or whatever").
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