OSHA Mandated Murder
Time to abolish all of these unelected fed agencies
Center for Medicare and Medicaid Services (CMS) rules/law is unconstitutional and should be struck down or re-written/passed. No mandated vaccine is constitutional. Period.
Supreme Court upholds HHS' vaccine requirement for healthcare workers, blocks OSHA's large employer mandate
By Dave Muoio
Jan 13, 2022
https://www.fiercehealthcare.com/hospitals/supreme-court-vaccine-covid-19-healthcare-upholds-hhs-vaccine-requirement-for-healthcare
“The challenges posed by a global pandemic do not allow a federal agency to exercise power that Congress has not conferred upon it. At the same time, such unprecedented circumstances provide no grounds for limiting the exercise of authorities the agency has long been recognized to have,” the top court wrote in its opinion.
Supreme Court Ruling for Requirement Applicable to Health Care Workers
In a Jan. 13 decision, the Supreme Court allowed the federal Centers for Medicare & Medicaid Services to require COVID-19 vaccination for health care workers at Medicare- and Medicaid-certified providers and suppliers.
Under the federal health care vaccine requirement, hospitals and other health care facilities must ensure their staff are fully vaccinated or risk losing Medicare and Medicaid funding. The requirement applies to about 10.3 million workers employed by 76,000 health care facilities, including ambulatory surgery centers and nursing homes. The federal requirement was implemented in November 2021.
In a survey of more than 1,000 physicians and clinicians, approximately a third disagreed with the vaccine requirements at the time.
widespread resignations among facilities already facing a staffing crunch.
the requirement worsens staffing shortages among rural health care facilities and limits their ability to treat patients.
Dissenting opinions from Thomas and Alito argued that the “hodgepodge of provisions” and “handful of CMS regulations” cited by the Biden administration provide the authority to enact a nationwide vaccine mandate.
“These cases are not about the efficacy or importance of COVID–19 vaccines,” Thomas wrote in his dissent. “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.”
“Neither CMS nor the Court articulates a limiting principle for why, after an unexplained and unjustified delay, an agency can regulate first and listen later, and then put more than 10 million healthcare workers to the choice of their jobs or an irreversible medical treatment,” Alito wrote in his own dissent.
Justices clash over OSHA's public health authority
The other decision, regarding the Occupational Safety and Health Administration’s (OSHA’s) large employer mandate, came to a 6-3 vote with Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan dissenting.
Here, the majority acknowledged the “billions of dollars in unrecoverable compliance causes,” “hundreds of thousands” of jobs at risk of walk-offs, thousands of deaths and “hundreds of thousands” of preventable hospitalizations cited by those for and against the requirement.
However, the court said that it is “not our role to weigh such tradeoffs” and instead considered whether Congress had “indisputably” provided OSHA with the power to regulate broad public health.
“OSHA has never before imposed such a mandate. Nor has Congress,” the court wrote. “Indeed, although Congress has enacted significant legislation addressing the COVID–19 pandemic, it has declined to enact any measure similar to what OSHA has promulgated here.”
In a dissent co-penned by Breyer, Sotomayor and Kagan, the liberal justices said that the court’s decision ignores COVID-19’s spread through person-to-person contact incurred in “nearly all workplace environments.” As such, OSHA acted under its charge in addressing workplace safety by mitigating infection risk, they wrote.
Center for Medicare and Medicaid Services (CMS) rules/law is unconstitutional and should be struck down or re-written/passed. No mandated vaccine is constitutional. Period.
https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/supreme-court-vaccine-requirement-health-workers.aspx
Hospitals