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Opinion from a Libertarian ViewPoint

Posts Tagged ‘OSHA’

Supreme Court rules: here’s the good news and the bad news

Posted by M. C. on January 13, 2022

https://mailchi.mp/tomwoods/scmandates?e=fa1aba8cd8

Tom Woods

First, the bad news.

The Supreme Court has upheld the vaccination requirement for health-care workers as a condition for receiving Medicare and Medicaid funds.

Opinions like this one are maddening to read, because they confine themselves to questions such as whether the Secretary of Health and Human Services exceeded his congressionally granted authority when imposing this requirement. The Court then proceeds to explain that the Secretary has been understood to enjoy a very broad authority when it comes to imposing requirements regarding the administration of Medicare and Medicaid.

Not considered is where the federal government’s authority to intervene in matters involving health, whether or not given statutory expression by Congress or delegated to a health bureaucrat, derives from or how it can be justified.

Perhaps this ruling will lead to further growth in direct primary care practices, which accept neither Medicare nor Medicaid, nor even traditional insurance. That is another question.

The good news is very good: the OSHA vaccine mandate for employees of businesses with 100 or more workers has been blocked.

Such a measure, the Court says, constitutes a vast overreach by OSHA into the more general field of public health, where it has not been granted authority.

It would have been nicer to hear an opinion based on the nature of what was being demanded as opposed to whether the institution doing the demanding was the correct one.

But I’ll take what I can get.

I pulled out some relevant passages from the opinion of the Court:

“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….

“OSHA’s indiscriminate approach fails to account for this crucial distinction— between occupational risk and risk more generally—and accordingly the mandate takes on the character of a general public health measure, rather than an ‘occupational safety or health standard….’

Justice Gorsuch concurred with the Court, and was joined by Justices Thomas and Alito in a concurring opinion from which I draw the following passages (internal footnotes omitted):

“I start with this Court’s precedents. There is no question that state and local authorities possess considerable power to regulate public health. They enjoy the ‘general power of governing,’ including all sovereign powers envisioned by the Constitution and not specifically vested in the federal government.

“The federal government’s powers, however, are not general but limited and divided. Not only must the federal government properly invoke a constitutionally enumerated source of authority to regulate in this area or any other. It must also act consistently with the Constitution’s separation of powers. And when it comes to that obligation, this Court has established at least one firm rule: ‘We expect Congress to speak clearly’ if it wishes to assign to an executive agency decisions ‘of vast economic and political significance.’ We sometimes call this the major questions doctrine. OSHA’s mandate fails that doctrine’s test. The agency claims the power to force 84 million Americans to receive a vaccine or undergo regular testing. By any measure, that is a claim of power to resolve a question of vast national significance. Yet Congress has nowhere clearly assigned so much power to OSHA….

“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.”

This does not solve all problems, obviously. Some private entities will persist in vaccine mandates despite their injustice, irrationality, and general uselessness. Other problems, like vaccine passports, are occurring at the local level and must be dealt with at the local level — though we can hope they will resolve themselves as they destroy business and tourism.

But it is a start.

Just yesterday on the Tom Woods Show I spoke to the owner of an art gallery in New York City who is refusing to demand proof of vaccination from his patrons.

He’s a lifelong Democrat and his parents are civil-rights lawyers.

He feels like he is carrying on their tradition.

We can hope that more such people will be emboldened to speak out.

In the meantime, you will enjoy this important conversation:
  https://tomwoods.com/ep-2042-i-wont-comply-manhattan-business-owner-refuses-to-demand-vaccination-proof/
Tom Woods

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Federal Appeals Court Finds “Grave Statutory and Constitutional Issues” with Biden’s Vaccination Mandate – PaulCraigRoberts.org

Posted by M. C. on November 10, 2021

https://www.paulcraigroberts.org/2021/11/08/federal-appeals-court-finds-grave-statutory-and-constitutional-issues-with-bidens-vaccination-mandate/

A federal appeals court has blocked the corrupt Biden regime’s private employer “vaccine mandate” on the grounds that “there are grave statutory and constitutional issues with the mandate.” https://www.theepochtimes.com/mkt_breakingnews/federal-court-blocks-biden-administrations-private-business-covid-19-vaccine-mandate_4089942.html?utm_source=News&utm_medium=email&utm_campaign=breaking-2021-11-06-2&mktids=57c5b13448d3d96e931e87904b7ce8d8&est=4CTJyNPTctMThtj2eMjknqwWPbjP846BstSI5Diq0voyDPjrWTy09g%3D%3D

As I reported, OSHA does not have the authority to issue legislation any more than does Biden. The corrupt Biden regime’s effort to bypass Congress has failed for the nonce. Congress should impeach Biden for violating the separation of powers and his oath to uphold the Constitution.

The corrupt Biden regime’s order that the military and government employees must be vaccinated is also illegal. Under the Nuremberg Laws vaccination is a medical intervention requiring informed consent. German doctors who performed medical experiments on humans without their consent were executed for doing so. A person who coerces a vaccination is subject to the death penalty. Indeed, Fauci has in the past coerced experiments on children, causing many deaths as Robert Kennedy documents in his just published book, The Real Anthony Faucihttps://www.booksamillion.com/p/Real-Anthony-Fauci/Robert-F-Kennedy/9781510766808?gclsrc=aw.ds&gclid=EAIaIQobChMIuqPjsOWE9AIVEZfICh2dBgPoEAQYAyABEgIfGPD_BwE — The United States government has provided no explanation why it goes to such extremes to track down elderly former German camp guards but refuses to hold Fauci accountable for the murder of children.

At the current time, there are many hospital, university, and public school administrators who are subject to the death penalty for mandating vaccination. Hopefully there will be trials, conviction and all will be executed. Good riddance.

Biden, the Pentagon chief, and the Joint Chiefs of Staff are also subject to trial and execution for coercing vaccination on military and federal personnel. Hopefully they too will be tried, convicted and executed if found guilty.

Otherwise, it is the rule of law that will be executed as the executive branch morphs into a dictatorship.

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Watch “JUST IN: DeSantis Responds To Biden’s New OSHA Rule Setting Jan. 4 Deadline For Vaccine Mandate” on YouTube

Posted by M. C. on November 5, 2021

Gov. Ron DeSantis (R-FL) slammed the Biden Administration’s announcement of a new deadline for tens of millions of health care workers, federal contractors and employees of larger businesses, all of whom must be fully vaccinated by January 4, in a move that means two-thirds of the American workforce is covered by vaccination rules.

https://youtu.be/uMlcnmS46SA

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Is History Just a Broken Record? Repeating…Repeating…Repeating – LewRockwell

Posted by M. C. on July 22, 2020

This was followed by the opportunists. They pounced on the economy like hyenas on a stray calf.

They are exploiters. Like OSHA’s Marthe Kent. Marthe once said, (para 13),

“I like having a very direct and very powerful impact on
worker safety and health. If you put out a reg, it matters. I think
that’s really where the thrill comes from. And it is a thrill; it’s a
high… I love it; I absolutely love it. I was born to regulate. I don’t
know why, but that’s very true. So as long asI’m regulating, I’m
happy.”

The Marthes of the world, ensconced in their state houses, county
seats and city councils, saw their chance for happiness. They ignored
the constitutions and laws they swore to uphold and proceeded to take
over the lives of their subjects.

https://www.lewrockwell.com/2020/07/no_author/758625-2/

By Rod Peet, Jr.

“If history repeats itself, and the unexpected always happens, how incapable must Man be of learning from experience.” [George Bernard Shaw]

Current events were unexpected. But they show precisely how incapable man is of learning from history. With modern technology we have the greatest access ever to the facts and lessons of history. Yet in 2020 we are headed down what has become a well-trod path to perdition.

Today we are witnessing the wanton destruction of our civilization, our humanity, and the takeover by power hungry despots. We have seen this movie before.

211 AD: In ancient Rome the memory of the emperor Geta was dropped down whatever they had for a memory hole by first murdering him then obliterating his image in an act of damnatio memoriae.

1789: The French Revolution saw the tearing down of religious icons and the pillaging of Notre Dame.

2001: In Afghanistan the Taliban destroyed Buddhist temples.

2020: In their irrational rage and ignorance Black Lives Matter and their ilk are tearing down statues of men who fought to end slavery. Chicago threatens to bulldoze churches because the state does not want competition from God.

Have we learned anything from history? It doesn’t look like it.

Here’s a hypothetical encyclopedia entry:

 “In March 2020 the corona virus struck the U.S.

Over the next six months, following the directives of still concealed deep state operatives, many governors and mayors shut down the American economy. The U.S. experienced the most rapid and radical social transformation in its history. Money, markets, and private property were disrupted. Schools, hospitals, shops, offices, and churches were closed. Nothing was published unless the social media, in collusion with the mainstream media, allowed it; no one could travel without permission; and everyone was ordered to wear a mask. The poorest people, mostly felons, drug addicts and illegal aliens were favored at everyone else’s expense. A handful of party leaders controlled everything in the country, but they remained hiding behind their security fences and armed guards and explained few of their decisions. Instead, they urged everyone to “flatten the curve”. “Shelter in place”. “Be afraid”. In November 2020 Donald Trump lost his bid for reelection in retribution for the deliberately trashed economy. Soon after a new constitution had renamed the country “Black MotherLand” and replaced the Star-Spangled Banner with the Black National Anthem. An addle-brained Joe Biden became Commander in Chief, and more than a year passed before observers were able to identify the Clintons as the power behind the president.

But that hypothetical is not so hypothetical after all. It’s just history repeating itself. Mark Twain supposedly said history does not repeat itself but it does rhyme. If that’s true then today’s rhyme is certainly not suitable for the nursery.

Here’s an actual entry from Britannica.com.

“In April 1975 the Lon Nol government collapsed. …

“Over the next six months, following the directives of a still-concealed Communist Party of Kampuchea, Cambodia experienced the most rapid and radical social transformation in its history. Money, markets, and private property were abolished. Schools, hospitals, shops, offices, and monasteries were closed. Nothing was published; no one could travel without permission; and everyone was ordered to wear peasant work clothes. As in Mao Zedong’s China, the poorest peasants were favored at everyone else’s expense. A handful of party leaders controlled everything in the country, but they remained in hiding and explained few of their decisions. Instead, they urged everyone to “build and defend” the country. In April 1976 Sihanouk resigned as head of state, soon after a new constitution had renamed the country Democratic Kampuchea. A soft-spoken and unknown figure named Pol Pot became prime minister, and more than a year passed before observers outside the country were able to identify him as Saloth Sar.”

What we are seeing today is but a variation on a theme: Communist usurpation and the erasing of history. We are being told we all must make sacrifices for the common good. As usual those demanding the sacrifices are exempt.

After taking over in Cambodia the Khmer Rouge proceeded to starve and slaughter millions.

And so it begins here.

People with covid 19 are forced into nursing homes resulting in the unnecessary deaths of thousands of elderly. Patients put on ventilators hastening their demise. Businesses are destroyed. We are told to comply with harmful edicts or we will not work. If we don’t work we wont eat. What work will we do? Whatever we are allowed to do.

There are estimates of up to 150,000 “deaths of despair” caused by forced unemployment. People with cancer and heart disease are not being treated resulting in more untimely deaths. Food shortages are becoming apparent due to breaks in the food supply chain. Seasonal workers that are vital to the food supply are prevented from moving around further impacting production.

Government is being urged to “do something”.  So it does. It demands masks, distancing, DNA vaccinations, tracking. In effect it is saying, “You must not look human. You must not act human. You must not be human. And we know where you are”. Of course the government solutions cause more problems. Which results in more calls for government action. Could there be a plan here?

This time it began with a virus out of China (they tell us). A virus whose trajectory appeared to be similar to that of any virus. At first the “experts” told us that it was going to be like the flu. No special precautions required. Just the usual “stay home if you are sick”, “wash your hands”, “cover your mouth when you cough”.

Then the lies and distortions began. Faulty models from a fellow named Ferguson with a track record of failed predictions estimated there would be 2.2 million deaths in the U.S.

New lies were built on old lies. Any shred of good news was suppressed or used as an excuse for more dire predictions.

This was followed by the opportunists. They pounced on the economy like hyenas on a stray calf.

They are exploiters. Like OSHA’s Marthe Kent. Marthe once said, (para 13),

“I like having a very direct and very powerful impact on worker safety and health.  If you put out a reg, it matters.  I think that’s really where the thrill comes from.  And it is a thrill; it’s a high… I love it; I absolutely love it.  I was born to regulate.  I don’t know why, but that’s very true.  So as long asI’m regulating, I’m happy.”

The Marthes of the world, ensconced in their state houses, county seats and city councils, saw their chance for happiness. They ignored the constitutions and laws they swore to uphold and proceeded to take over the lives of their subjects.

Where will it end?

That depends on which version of this movie you are watching. None of them have a happy ending. You cannot escape by leaving the theater. You are an actor in the movie.

The good news is that the mayhem is self-limiting. Socialism is not possible without capitalism first creating, then sustaining, the wealth that the collectivists are out to seize.  Without the host the parasites cannot survive. These parasites are not far sighted enough to realize what will happen after they have killed their host.

The bad news is…we are the host. And so far, with too few exceptions, we have been a gracious host.

The time for graciousness is over. The people we invited into our homes to help run things have proven to be not only incompetent but positively destructive. They are stealing the silver, defacing the decorations and defecating in the driveway.

Now that the Janus-faced politicians have shown us their true visage you would think the sheeple would come to their senses. This November they have a chance to show that they have. They can throw the tyrants out and keep the few honorable leaders that exist. But will they?

If not our goose is cooked. The only hope is that a new life will someday emerge, phoenix-like, from the remnant.

The U.S. economy has been a goose laying golden eggs for hundreds of years. Now it appears to be slowly turning on a spit. What kind of sauce would you like on yours?

It may be your last meal as a free human being.

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