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Welcome to Fairfax Underground, a project site designed to improve communication among residents of Fairfax County, VA. Feel free to post anything Northern Virginia residents would find interesting.
OSHA's mandate fails the major questions doctrine
Posted by:
Checks and Balances
()
Date: January 14, 2022 05:28AM
https://s3.documentcloud.org/documents/21178567/scotus-mandate-rulings.pdf
Page 34, JUSTICE GORSUCH:
There is no question that state and local authorities possess considerable power to regulate public health. They enjoy the “general power of governing,” including all sovereign powers envisioned by the Constitution and not specifically vested in the federal government.
The federal government’s powers, however, are not general but limited and divided. Not only must the federal government properly invoke a constitutionally enumerated source of authority to regulate in this area or any other. It must also act consistently with the Constitution’s separation of powers. And when it comes to that obligation, this Court has established at least one firm rule: “We expect Congress to speak clearly” if it wishes to assign to an executive agency decisions “of vast economic and political significance.”
OSHA’s mandate fails that doctrine’s test.
Page 34, JUSTICE GORSUCH:
There is no question that state and local authorities possess considerable power to regulate public health. They enjoy the “general power of governing,” including all sovereign powers envisioned by the Constitution and not specifically vested in the federal government.
The federal government’s powers, however, are not general but limited and divided. Not only must the federal government properly invoke a constitutionally enumerated source of authority to regulate in this area or any other. It must also act consistently with the Constitution’s separation of powers. And when it comes to that obligation, this Court has established at least one firm rule: “We expect Congress to speak clearly” if it wishes to assign to an executive agency decisions “of vast economic and political significance.”
OSHA’s mandate fails that doctrine’s test.
Re: OSHA's mandate fails the major questions doctrine
Posted by:
We the People
()
Date: January 14, 2022 05:34AM
Page 36
"Why does the major questions doctrine matter? It ensures that the national government’s power to make the laws that govern us remains where Article I of the Constitution says it belongs—WITH THE PEOPLE’S ELECTED REPRESENTATIVES. If administrative agencies seek to regulate the daily lives and liberties of millions of Americans, the doctrine says, they must at least be able to trace that power to a clear grant of authority from Congress."
"Why does the major questions doctrine matter? It ensures that the national government’s power to make the laws that govern us remains where Article I of the Constitution says it belongs—WITH THE PEOPLE’S ELECTED REPRESENTATIVES. If administrative agencies seek to regulate the daily lives and liberties of millions of Americans, the doctrine says, they must at least be able to trace that power to a clear grant of authority from Congress."
Re: OSHA's mandate fails the major questions doctrine
Posted by:
Real reason mandate failed
()
Date: January 14, 2022 06:33AM
The mandate failed because not enough people got the vaccine to keep most places afloat if unvax employees would have been fired.
It's not about public safety it's about money.
Imagine getting a vaccine to keep your Job then they shut down anyway because there's not enough workers to keep up with the workload.
Or getting it to save your job and getting fucked up and not able to work.
This shit happened to people. Not me. I didn't comply and never will.
It's not about public safety it's about money.
Imagine getting a vaccine to keep your Job then they shut down anyway because there's not enough workers to keep up with the workload.
Or getting it to save your job and getting fucked up and not able to work.
This shit happened to people. Not me. I didn't comply and never will.
Re: OSHA's mandate fails the major questions doctrine
Posted by:
Rupert Pupkin
()
Date: January 14, 2022 09:14AM
The thing had lots of issues, and privately the kids in the White House would have been shocked if it stood. The whole premise was to throw it out there and then demand everyone get the shot RIGHT NOW or be fired in hopes that they could get lots of people vaxxed before the courts ruled the whole thing bullshit.
Like most twisted libtard plans, it kinda worked as a shitload of people did get stuck - that didn't want to.
Like most twisted libtard plans, it kinda worked as a shitload of people did get stuck - that didn't want to.
Re: OSHA's mandate fails the major questions doctrine
Posted by:
Bluffer Biden
()
Date: January 14, 2022 09:52AM
Rupert Pupkin Wrote:
-------------------------------------------------------
> The thing had lots of issues, and privately the
> kids in the White House would have been shocked if
> it stood. The whole premise was to throw it out
> there and then demand everyone get the shot RIGHT
> NOW or be fired in hopes that they could get lots
> of people vaxxed before the courts ruled the whole
> thing bullshit.
>
> Like most twisted libtard plans, it kinda worked
> as a shitload of people did get stuck - that
> didn't want to.
Exactly. It was a huge bluff and a lot of people were forced to fold because most americans can't afford an extended unemployment.
And this defines the cruelty of Joe Biden. You can detect the meanness, disdain, and aggression he has towards americans.
-------------------------------------------------------
> The thing had lots of issues, and privately the
> kids in the White House would have been shocked if
> it stood. The whole premise was to throw it out
> there and then demand everyone get the shot RIGHT
> NOW or be fired in hopes that they could get lots
> of people vaxxed before the courts ruled the whole
> thing bullshit.
>
> Like most twisted libtard plans, it kinda worked
> as a shitload of people did get stuck - that
> didn't want to.
Exactly. It was a huge bluff and a lot of people were forced to fold because most americans can't afford an extended unemployment.
And this defines the cruelty of Joe Biden. You can detect the meanness, disdain, and aggression he has towards americans.