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Thread: S.C. majority tramples healthcare workers' rights while upholding vaccine mandate

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    S.C. majority tramples healthcare workers' rights while upholding vaccine mandate

    See: 5 Important Quotes From Justice Thomas's Dissent in Biden v. Missouri (townhall.com)


    5. "These cases are not about the efficacy or importance of COVID–19 vaccines. They are only about whether CMS has the statutory authority to force healthcare workers, by coercing their employers, to undergo a medical procedure they do not want and cannot undo. Because the Government has not made a strong showing that Congress gave CMS that broad authority, I would deny the stays pending appeal. I respectfully dissent."

    The irrefutable fact is, a majority on the Court intentionally trampled upon the fundamental rights of healthcare workers.

    The majority trampled upon the inalienable right of people being free to make their own medical decisions and choices. Apparently, the majority were willing to ignore what our Supreme Court has emphatically established regarding indirectly impinging upon the fundamental rights of mankind:

    “The mere chilling of a Constitutional right by a penalty on its exercise is patently unconstitutional.” Shapiro v. Thompson, 394 U.S. 618

    Additionally, a government act which “impinges upon a fundamental right explicitly or implicitly secured by the Constitution is presumptively unconstitutional.” See: Harris v. McRae United States Supreme Court (1980) Also see City of Mobile v. Bolden, 466 U.S. 55, 76, 100 S.Ct. 1490, 64 L.Ed.2d 47 (1980)

    So where does this established law leave us regarding the mandate and the healthcare workers fundamental rights?

    The fact is, under such circumstances the Court was required, at the very least, to apply “strict scrutiny” to the mandate:

    (A) which must be narrowly tailored to achieve the government’s purpose,

    (B) the purpose must be clearly defined and be based upon scientific and logical reasoning,

    (C) and it must use the least restrictive means to achieve the government’s stated purpose.

    The majority on the Court ignored the protection of applying strict scrutiny to the mandate so as to protect the healthcare workers’ fundamental rights, and make necessary accommodations for them, while at the same time working to thread the needle to “achieve the government’s stated purpose”.

    We now see a majority on our Supreme Court is not only willing to ignore established law but are likewise willing to trample upon the fundamental rights of American citizens.

    BTW the S.C. ruling, along with Thomas' dissent can be found HERE

    JWK

    Why have a written constitution approved by the people if those who it is designed to limit and control are free to make it mean whatever they wish it to mean?

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    Conservative Libertarian (01-14-2022),Mr. Claws (01-14-2022)

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    The Constitution was never approved by the People and the purpose of the Constitution was to promote cronyism.

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    Quote Originally Posted by Quark View Post
    The Constitution was never approved by the People and the purpose of the Constitution was to promote cronyism.
    OK. Now, do you have something productive to offer with regard to the subject of the thread?

    JWK

    What makes a Supreme Court opinion legitimate is when it is in harmony with the text of our Constitution and its documented legislative intent which gives context to its text.

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    Did they use Humpty Dumpty language straight from the looking glass?
    Free as f---

    Let em come, we are Millwall!

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    Off with their heads!
    Free as f---

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    Follow the white rabbit...
    Free as f---

    Let em come, we are Millwall!

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    Quote Originally Posted by Authentic View Post
    Did they use Humpty Dumpty language straight from the looking glass?

    If you are sincerely interested in what the Majority did, I suggest you studying Justice Thomas' dissent which can be found HERE, part of which reads:

    "Under our Constitution, the authority to make laws that impose obligations on the American people is conferred on Congress, whose Members are elected by the people. Elected representatives solicit the views of their constituents, listen to their complaints and requests, and make a great effort to accommodate their concerns. Today, however, most federal law is not made by Congress."


    The fact is, not only did the Majority trample upon healthcare workers' fundamental rights, but it likewise trampled upon our Constitution's guarantee to a "Republican Form of Government" in which our elected representatives are entrusted with the exclusive law-making power.

    Keep in mind that Congress may not delegate its power to set standards, principles, or general public policy.

    JWK



    "The Constitution is the act of the people, speaking in their original character, and defining the permanent conditions of the social alliance; and there can be no doubt on the point with us, that every act of the legislative power contrary to the true intent and meaning of the Constitution, is absolutely null and void. ___ Chancellor James Kent, in his Commentaries on American Law , 1858.

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    Whites don't have rights.
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    Unlike Solomon SCOTUS actually split the baby in half in this case... I trust SCOTUS to do the right thing like I trust The Sea Hag (Pelosi) and Chuck the Shmuck Shumer to ever utter anything other than a lie.
    It is by the goodness of God that in our country we have those three unspeakably precious things: freedom of speech, freedom of conscience, and the prudence never to practice either of them. Mark ​Twain

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    See: 5 Important Quotes From Justice Thomas's Dissent in Biden v. Missouri (townhall.com)


    5. "These cases are not about the efficacy or importance of COVID–19 vaccines. They are only about whether CMS has the statutory authority to force healthcare workers, by coercing their employers, to undergo a medical procedure they do not want and cannot undo. Because the Government has not made a strong showing that Congress gave CMS that broad authority, I would deny the stays pending appeal. I respectfully dissent."
    I think they blew this one.

    HCW's are without a doubt working in an environment where transmission can easily occur and have a duty to protect patients.

    I have however a real problem with the gov't stepping in with such a mandate.

    If the hospitals, nursing homes etc want to put such a requirement on their employees though they should be free to do so because nobody has a right to a job with a privately owned organization.
    Last edited by Trinnity; 01-14-2022 at 04:30 PM.

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