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the official new supreme court thread - Very political

WokeandBroke said:
You should probably read up on the Administrative Procedures Act.
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Yeah so why would Congress need to pass a law for the employer vaccine/testing requirement? This ETS was entered into the Federal Register per the act you cite.
 
To be honest, I don’t disagree with the premise that congress should pass laws and that rules and regulations that the executive enacts should be rooted in, if not spelled out in, legislation from congress. But congress, except for passing tax cuts and spending bills, has only passed like 2 laws since the late 90s. It’s a completely dysfunctional entity…so someone has to step up and manage the country.
 
BarcaDeac said:
Yeah so why would Congress need to pass a law for the employer vaccine/testing requirement? This ETS was entered into the Federal Register per the act you cite.
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They have to promulgate regulations within the scope of their delegated authority to do so, and of course, even then within Constitutional limits. I don't have a strong opinion about this mandate, but pretending there aren't authority and/or overreach issues is delusional (I was prepared for that probability before opening this thread).
 
The complete dismantling of the administrative state - no big deal. JH you are so predictable, and so wrong as usual. This is the definition of activism.
 
Shooshmoo said:
The complete dismantling of the administrative state - no big deal. JH you are so predictable, and so wrong as usual. This is the definition of activism.
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Section Two of Article II sets forth the powers of the Executive branch. Point to the one that is being dismantled. I'll wait.
 
This is OSHA’s mission as stated on their website:

With the Occupational Safety and Health Act of 1970, Congress created the Occupational Safety and Health Administration (OSHA) to ensure safe and healthful working conditions for workers by setting and enforcing standards and by providing training, outreach, education and assistance.
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How does mandating testing for unvaccinated workers not meet this?
 
BarcaDeac said:
This is OSHA’s mission as stated on their website:



How does mandating testing for unvaccinated workers not meet this?
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In evaluating the separation of powers, the argument that “my authority is what I say my authority is” generally isn’t very persuasive.
 
WakeBored said:
In evaluating the separation of powers, the argument that “my authority is what I say my authority is” generally isn’t very persuasive.
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I mean I’m guessing there are more complete documents outlining the purview of the agency, and the agency acting within those issued the Emergency Temporary Standard.
 
BarcaDeac said:
I mean I’m guessing there are more complete documents outlining the purview of the agency, and the agency acting within those issued the Emergency Temporary Standard.
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If by “more complete documents” you mean a statute, then yes, there are more complete documents. They delimit the agency’s authority, and preclude what the Biden Administration has done here.
 
WakeBored said:
If by “more complete documents” you mean a statute, then yes, there are more complete documents. They delimit the agency’s authority, and preclude what the Biden Administration has done here.
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There is a statue, the one Nixon (I'm sure one of your heroes) signed into law in 1970, that is purposefully very broad and in no way delimits what OSHA is doing here. The conservatives 6th Circuit got it right when they said it fell within OSHA's authority under act, as it limits a “grave” hazard and qualifies as a “necessary” means to slow the accelerating spread of covid-19. This should be an easy case on the merits. And this is why Roberts' dumb question is so dumb -- the Act is broad and gives OSHA latitude and discretion because not every safety/health crisis is foreseeable (obviously) and action needs to be taken so we are not sitting with nothing getting done in Congress. This is common sense and that's why you're on the other side.

Unfortunately, we have Federalist extremists/activists on the Court now -- and you of course show up to defend them like a good little sheep -- and they have not been shy in sharing their intention to bring back the defunct nondelegation doctrine, which is clearly not in line with how the founder's acted or what they intended, and dismantle the administrative state and several decades of precedent (Gorsuch especially has a little hard on for this).

These assholes have to cheat to get a majority on the court and now they will do what they do best -- fuck up the country and ensure that government agencies can't take necessary actions to serve and protect US citizens, and decisions will be based on the political whims of the Court, not Congress. The Court will decide, based on their political predilections, when an agency can and can't do something that could, for instance, help save lives. That's just pure activism and that's what they want. It's of course, against their claimed method of jurisprudence, but they, like every other Republican, are no strangers to hypocrisy and are an ends justify the means collection of pretend Christians.

And when they send it back to Congress, we all know that nothing will get done. Your entire goal, JH's entire goal, and the Republican party's entire goal is to preserve power and dismantle democracy, and this is just another piece in that evil puzzle.
 
Crazy to believe government can mandate carrying a pregnancy to term but not mandate vaccinations or negative tests to prevent spread of a deadly disease.
 
WokeandBroke said:
Section Two of Article II sets forth the powers of the Executive branch. Point to the one that is being dismantled. I'll wait.
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You waited out 4 years of it under Trump without a peep, conveniently finding constitutional religion only when convenient for you.
 
Gorsuch seems especially dumb/evil. He said the flu kills hundreds of thousands a year - it's not even fucking close to that. Comparing COVID to the flu is 2&2 level stuff. And he's the only asshole not wearing a mask.

And Alito's out there questioning the safety of vaccines. They are a disaster.
 
Liquid Karma said:
You waited out 4 years of it under Trump without a peep, conveniently finding constitutional religion only when convenient for you.
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He waited 85 years, but now it's obvious!

There is an actual law here -- this is what the conservatives pricks usually say they want. Now they want to use the nondelegation doctrine, a completely made up amorphous dinosaur, to say "yeah, we know there's a law here, and we usually like that, but it's too much law. You can't law that much. Law down a notch. So we're going to take over here and decide when there is too much lawing based on our completely wrong facts about COVID we learned from Fox News and Newsmax." And Roberts was like, "yeah that law is like 50 years old, that's too old", while they rely on law that are much older, and of course, their bastardized "originalist" view of the much older Constitution. These people have zero shame.
 
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Shooshmoo said:
Gorsuch seems especially dumb/evil. He said the flu kills hundreds of thousands a year - it's not even fucking close to that. Comparing COVID to the flu is 2&2 level stuff. And he's the only asshole not wearing a mask.

And Alito's out there questioning the safety of vaccines. They are a disaster.
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It’s scary to see Supreme Court justices embrace fringe anti-vaccine nonsense.
 
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