Supremes To Stab Biden Vax Mandate & Swamp Power?
The US Supreme Court just heard oral arguments in the challenge to Pres. Biden’s get vaccinated or get fired mandate & since that “work around” Congress used OSHA regulations but no explicit Congressional law to do so, the real test is how far the Swamp can stretch the Constitution in ANY case for its own political ends.
As the WSJ editorial board noted, “the Administration wants the Justices to defer to regulators & uphold the mandates (as did one appellate court, but not another or 3 lower trial judges) as necessary to protect Americans during an emergency. But an emergency [going on two years now] or not, federal agencies can’t exercise powers not granted by Congress, especially when they ignore proper administrative process.”
Watch for the Justice’s majority decision to come down to THAT issue. The progressives on the Court will essentially argue their usual “the Constitution is a ‘living’ document” with a sort of built-in evolution of its core principles (i.e., as they & their perceived changes in society dictate), while the conservatives will as usual likely reject or at least severely question that “modernistic” tact and insist on a “plain reading” of the Founding Fathers’ original intent. That’s pretty much how the Justices’ questions during the oral arguments played out with the conservatives like Justice Kavanaugh challenging the Administration’s lawyer. As the WSJ (& Justices) invariably noted, “White House officials last summer said it wasn’t the federal government’s job to impose a vaccine mandate … but, as Covid persisted, they suddenly found emergency powers hiding in statutory text that no President had [heretofore] exercised.” Perhaps more importantly in the long run, however, “The Court’s ruling in this case will echo into the future about how far the executive branch can go in rewriting statutes,” whether it be at the behest of a Biden or Trump …
Davd Soul
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