Weekly Opinion Editorial
by Steve Fair
On Thursday, the U.S. Supreme Court(SCOTUS)
ruled unconstitutional President Joe Biden’s executive order requiring large
businesses(more than 100 employees) to insure their employees were vaccinated
and tested.
"Although Congress has indisputably given Occupational Safety and Health Administration( OSHA) the power to regulate occupational
dangers, it has not given that agency the power to regulate public health more
broadly. Requiring the vaccination of 84 million Americans, selected simply
because they work for employers with more than 100 employees, certainly falls
in the latter category," the majority opinion said.
The vote was 6-3 with the three liberal justices-Breyer, Sotomayor and
Kagen- dissenting.
In the minority opinion, the three wrote: "When
we are wise, we know not to displace the judgments of experts, acting within
the sphere Congress marked out and under Presidential control, to deal with
emergency conditions," they wrote. "Today, we are not wise. In the
face of a still-raging pandemic, this Court tells the agency charged with
protecting worker safety that it may not do so in all the workplaces needed. As
disease and death continue to mount, this Court tells the agency that it cannot
respond in the most effective way possible."
In a second ruling
regarding vaccine mandates, the SCOTUS allowed the Centers for Medicare and
Medicaid Services to require health care workers to be vaccinated at facilities
that receive federal monies. In that
case, the vote was 5-4, with Chief Justice John Roberts and Justice Brett
Kavanaugh joining the three liberals (who vote as a block) to form the
majority.
The majority opinion
concluded the Secretary of Health and Human Services(HHS) routinely imposes conditions
of participation (COPs) relating to the qualifications and duties of healthcare
workers. They said the vaccine mandate
fell into the duties of HHS. Three observations:
First, the SCOTUS got
the OSHA ruling correct. Telling private
employers, the conditions of employment (COPs) for their employees is not a function
of the federal government. The feds are
already overregulating private business to death. Establishing guidelines on workplace safety
is why OSHA was created in 1970, but requiring employee jabs has never been a
function of that agency. Biden’s executive
order was over the top- even for the federal government.
Second, the SCOTUS got
the HHS ruling wrong. Holding hospitals hostage by withholding
federal monies if workers don’t get vaccinated is nothing short of
extortion. Healthcare workers should have
the same liberty and choice as the private sector employees in the OSHA
case. They should be allowed to make up
their own mind about the vaccine in the same way. This ruling will create more pressure on the
health care system in the U.S. as hospital operators across the country expect
it will create manpower shortages.
Third, the spilt
decision by the SCOTUS on similar cases is puzzling. Why did Justices Roberts and Kavanaugh vote
for liberty for some Americans, but not others?
They cited the authority/mission of the federal agency-HHS- as their
justification for requiring the jab for healthcare workers. Were the ‘rights’ of Americans working in the
healthcare sector considered? It appears
not. When the high court places the
duties/mission of a federal bureaucratic agency over the rights of individual Americans,
they are violating their commitment to rule based on the Constitution.
America’s republic system of self-government
empowers individual citizens. The United
States government is given power by the people, not the other way around. The founding document- the Constitution- is
the rule book. It states every American
has the right to life, liberty and the pursuit of happiness. When a citizen’s rights or liberty is taken
away- for whatever purpose- it violates the rule book. When the liberty of one is taken away for the
overall good of the whole, America ceases to be America.
