Nothing is going right for the Biden-Harris agenda. We should all breathe a sigh of relief about that.
While we know that pretty much every single policy has turned to crap under the Shambling Husk of Mediocrity sitting at the kiddie desk in the Oval Office replica, he was still hoping for a win as his approval rating circles the drain just a year into his mandate.
Thursday was not the day for a win for him, however.
Biden has been pushing a Democrat bill to wrench control of elections from the oversight of the states and hand it over to the federal government while heavily implying all of the bill’s critics are racists — lumping them in with the likes of Confederate President Jefferson Davis, Bull Connor, and George Wallace — whom Biden had praised.
While Senator Krysten Sinema (D-AZ) is in favor of the Democrats’ so-called “Voting Rights” legislation, she came out swinging in the Senate today stating that she was not going to support ending the filibuster. She did it while wearing a purple dress perhaps to remind her Democratic colleagues that she is representing a state that isn’t solidly blue.
Here she is putting a nail in the coffin of that legislation.
Sen. Sinema drives a stake through the heart of the Biden Agenda 🔥 pic.twitter.com/rWk5xNzvVq
— Benny (@bennyjohnson) January 13, 2022
Not long after that, in a 6-3 vote, the Supreme Court blocked Biden’s attempt to circumvent the legislative process and impose a vaccine-or-test mandate on businesses with 100 or more employees through a rule from the Occupational Safety and Health Administration (OSHA).
The Court ruled, “OSHA has never before imposed such a mandate. Nor has Congress.”
The decision blasted OSHA for overreach by trying to impose such a sweeping new rule.
As its name suggests, OSHA is tasked with ensuring occupational safety — that is, “safe and healthful working conditions.” It does so by enforcing occupational safety and health standards promulgated by the Secretary. Such standards must be “reasonably necessary or appropriate to provide safe or healthful employment.” They must also be developed using a rigorous process that includes notice, comment, and an opportunity for a public hearing.
(Emphasis in original)
From the decision:
The Secretary has ordered 84 million Americans to either obtain a COVID–19 vaccine or undergo weekly medical testing at their own expense. This is no “everyday exercise of federal power.”… The question, then, is whether the Act plainly authorizes the Secretary’s mandate. It does not. The Act empowers the Secretary to set workplace safety standards, not broad public health measures … the Act’s provisions typically speak to hazards that employees face at work … no provision of the Act addresses public health more generally, which falls outside of OSHA’s sphere of expertise.
…Although COVID–19 is a risk that occurs in many workplaces, it is not an occupational hazard in most. COVID–19 can and does spread at home, in schools, during sporting events, and everywhere else that people gather. That kind of universal risk is no different from the day-to-day dangers that all face from crime, air pollution, or any number of communicable diseases. Permitting OSHA to regulate the hazards of daily life—simply because most Americans have jobs and face those same risks while on the clock would significantly expand OSHA’s regulatory authority without clear congressional authorization.” (Emphasis added)
SCOTUS has blocked Biden’s COVID vaccine mandate for large companies. Federally funded healthcare centers will have to comply. pic.twitter.com/vtuGq0FX1C
— MRCTV (@mrctv) January 13, 2022
Justice Gorsuch nailed it in his concurring decision which was joined by Justices Thomas and Alito.
The question before us is not how to respond to the pandemic, but who holds the power to do so. The answer is clear: Under the law as it stands today, that power rests with the States and Congress, not OSHA. In saying this much, we do not impugn the intentions behind the agency’s mandate. Instead, we only discharge our duty to enforce the law’s demands when it comes to the question who may govern the lives of 84 million Americans. Respecting those demands may be trying in times of stress. But if this Court were to abide them only in more tranquil conditions, declarations of emergencies would never end and the liberties our Constitution’s separation of powers seeks to preserve
would amount to little. (Emphasis added)
The trio of Democrat-appointed Justices dissented, which is no surprise if you heard any portion of the opening arguments.
It was wild.
The transcript is available here.
In case you missed it, the three liberal Justices, Sotomayor, Kagan, and Breyer, all showed that they were woefully ill-informed on the current situation what regard to COVID. Frankly, it’s a bit frightening that they are making decisions for all Americans on this particular issue.
Here’s just a sample of the shocking COVID disinformation that was being spread by Justices Breyer, Kagan, and Sotomayor.
Kagan, in questioning attorney arguing against CMS mandate, again insists that vaccines stop transmission. This lack of knowledge as to basic facts about the vaccines- and covid- is concerning.
— Jenin Younes (@Leftylockdowns1) January 7, 2022
Justice Kagan just argued we have “children on ventilators” because of Wuhan coronavirus. This is not true.
— Katie Pavlich (@KatiePavlich) January 7, 2022
#SCOTUS arguments on OSHA mandate already a tad feisty. J. Kagan says getting vaxxed is best way to stop the spread. J. Breyer says hospitals are full to the max. J. Sotomayor says it’s not a vax mandate – it’s a mask mandate. (OSHA reg allows mask/test option for unvaxxed)
— Shannon Bream (@ShannonBream) January 7, 2022
The worst of the bunch was Obama’s “wise Latina” Justice Sonia Sotomayor who just shot out incorrect statements like a Pez dispenser.
Here is Justice Sotomayor saying that “hospitals are almost all full capacity” and there are “over 100,000 children” hospitalized with covid “many on ventilators.
None of those things are true. Not even close. pic.twitter.com/MqWEL2UvJg
— Greg Price (@greg_price11) January 7, 2022
Justice Sotomayor also claimed that hospitals are nearing capacity.
She also asked “Why is a human spewing a virus not like a machine spewing sparks?”
Incredible performance all around.
— Greg Price (@greg_price11) January 7, 2022
Sotomayor: Unvaccinated people infect other unvaccinated people.
— Ed Whelan (@EdWhelanEPPC) January 7, 2022
Sotomayor claims not to understand distinction between state and federal power. Mind-boggling. Calls OSHA’s regulatory authority to be a “police power.” OH SG tries to explain con law 101, eventually Roberts rescues the embarrassing discourse.
— Ilya Shapiro (@ishapiro) January 7, 2022
“Why is a human spewing a virus not like a machine spewing sparks?” Sotomayor is…um. Wow.
— Dan McLaughlin (@baseballcrank) January 7, 2022
Admittedly, there was a small, partial victory for the Biden-Harris administration in another case involving vaccine mandates for healthcare workers. The Supreme Court ruled that HHS does have the authority to require vaccines for employees in institutions that receive Medicare or Medicaid funding.
… in Biden v. Missouri, the Court ruled that Health and Human Services Secretary Xavier Becerra did have the authority to require all health care workers at institutions that receive Medicare and Medicaid funding to get the jab, unless they get medical or religious exemptions.
While multiple states argued that HHS did not have the scope to issue such a mandate, the Court noted that “healthcare facilities that wish to participate in Medicare and Medicaid have always been obligated to satisfy a host of conditions that address the safe and effective provision of healthcare, not simply sound accounting.”
Source: Fox Business
It’s an awful decision considering these were the once-celebrated frontline workers who had been working long hours saving lives before there was a vaccine.
Still, the bigger overreach was stopped in the name of Liberty and that’s something we ought to celebrate.
And let’s not forget that if it weren’t for President Trump and, yes, the much-maligned Senator Mitch McConnell (R-KY) who was “stronger than mule piss on Kavanaugh” we wouldn’t have a Supreme Court more concerned with the Constitutionality of laws than judicial activism.