SocraticGadfly: Quick hot take on SCOTUS' two vax mandate rulings

January 14, 2022

Quick hot take on SCOTUS' two vax mandate rulings

Setting aside the two old wingnuts plus Amy Coney Barrett (and somewhat Neil Gorsuch), who may be even worse, I think the court got both rulings right.

Contra the many BlueAnon national opiners, of whom Mark Joseph Stern at Slate is surely representative, although from farther left, Cody Fenwick at Alternet says the same, the court, or lets say the Umpire John Roberts and his sometimes tagalong Drunken Brett Kavanaugh, got the OSHA mandate right. COVID is not specifically a workplace issue, with the exception, which the court allowed for, of certain high-density workplaces that might otherwise be critical to the economy. Therefore, OSHA doesn't have the power for a mandate like this unless Congress grants it such.

That said, per Max Brantley, editor of the Arkansas Times, it IS hypocritical-hilarious-funny to see wingnut guvs tout the OSHA ruling while ignoring the HHS ruling that said Health and Human Services has been given this type of power by Congress. As for Arkansas hospital chains saying they're struggling how to reconcile federal and state law on this issue? There IS NO "struggle." The Constitution says it's the supreme law of the land, and state officials, as part of their oath of office, are required to swear to "preserve, protect and defend" it.

Then, there's former Iowa Congresscritter and M.D. Dr. Greg Ganske, who recently misinterpreted the Constitution, or is an idiot about actual court rulings. Anyway, contra his Des Moines Register op-ed, the Supreme Court has upheld federal vaccination mandates for specific groups before, like, the military, diplomatic service members, etc. For example, years ago, SCOTUS upheld military anthrax vax mandates, ultimately by letting stand without review a military appeals court upholding them. More here on the history of anthrax law.

That said, I've previously said that Biden was wrong, and in a "fixated" sense, for seeing COVID problems as a nail to be treated with a hammer, since we know he rejected the holiday-season rapid-test kits, and apparently also rejected free N95/KN95 masks.

As for the HHS mandate? Other than a threat of cutting Medicare or Medicaid funds — which will require following through if this is "called" as a possible bluff — I don't know what other plans Biden has to actually enforce it, or make hospitals and nursing homes enforce it.

How hospitals and nursing homes, etc., will deal with loss of staff (IF that happens and is not just a bluff), I don't know.

As for health care professionals claiming, like wingnuts and lefty wingnuts, that "they know better" on vaccines? Being a health care professional, even at the MD level, doesn't make you a scientist. It certainly doesn't at the nursing level, let alone something like the CNA level.

Apropos of that, I noted a month ago, with my wrap on the end of Texas primary (and conventions for minor parties) filing season that Green Party gubernatorial candidate Delilah Barrios is a "health care professional" yet also an antivaxxer or fellow traveler.


No comments: