If you were hoping for a swift decision from the Supreme Court on Joe Biden’s illegal vaccine mandate, we now know that’s not going to happen. It is now official that they have punted, despite the mandate being in effect this week and the court rumored not to issue a decision until today.
Unfortunately, despite the finality of the enforcement of the mandate on millions of Americans (you can’t de-vaccinate yourself), the court chose to release only one decision today. Here’s what it was.
Our one opinion from SCOTUS is the best.
Held: Civil-service pension payments based on employment as a dual-status military technician are not payments based on “service as a member of a uniformed service” under 42 U. S. C. §415(a)(7)(A)(III). https://t.co/3ZlxXtlDvw
— Phil Kerpen (@kerpen) January 13, 2022
It was obvious that a civil-service case on pensions for the elderly had to be decided after-haste. But when it comes to forcing irreversible vaccinations on private employees despite the fact that vaccines don’t stop the spread of the virus, SCOTUS has all the time in the world. It’s completely inexplicable.
As RedState reported, Justice Sonia Sotomayor thoroughly beclowned herself during oral arguments and the rest of the far-left liberals weren’t much better. Clear questions arose about OSHA’s statutory authority to order vaccines for private business. That’s especially true given the overwhelming evidence that everyone spreads COVID. OSHA cannot put into place measures that have been proven ineffective.
In addition to questioning the difference in the police powers of the federal and state governments, conservative justices also raised concerns about the OSHA mandate. Justice Neil Gorsuch argued that there is no limiting principle within the OSHA mandate. What’s the line? What’s the line? Why haven’t they then? Do you think there is a series of deaths that can somehow annul the constitution? This seems to be what the liberal justices were arguing.
Yet, with all those realities working against Biden’s mandate, the court punted anyway. Because Thursdays are the most common day that decisions are made, Americans must suffer another week under this mandate. That means no relief for those who haven’t complied to this point and are now unable to work. Conceivably, some kind of emergency relief could be provided on any day from the court, but that seems implausible now that they’ve let it linger this long.
It’s not difficult to see that conservatives had been ready to go after this federal infraction. But you could probably tell which ones needed longer. With that said, if the court comes back with a far-reaching decision that doesn’t just strike the mandate down but also neuters the administrative state, something several of the justices have wanted to do for a long time, then perhaps they can be forgiven for this initial punt. We’ll see what happens, but in the meantime, Americans are getting kicked in the teeth.
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