A couple of extra thoughts on the SCOTUS vaccine mandate decisions that I touched on in today’s radio prep.
The more I think about this the more frustrated I get:
Here is my concern from reading the per curiam opinions (OSHA and CMS mandates): the court did not address in either case whether or not the federal government even had the statutory authority to mandate such a mandate.
The petitioners failed in their arguments to prioritize the absolute unconstitutional overreach for such a mandate over the “one-size fits all” regulatory expansion. The latter isn’t a bad argument, it’s absolutely correct, but wild that this unconstitutional federal overreach isn’t the focus. It’s as if the lawyers for the petitioners were afraid to risk such full-throat defense of the individual against the expansion of the federal government’s power. We have a victory on this and while I don’t want perfect to be the enemy of good, but the weakness in arguing against expanded government here was disappointing.
The virus isn’t any more of a threat to anyone in the workplace than the flu, strep throat, the common cold, etc. Where is the line drawn if one virus is singled out as the justification for such an expansion of power — especially now as latest variants show it’s less lethal and virulent than the flu?
Missouri AG Eric Schmitt, as part of the coalition of states who sued to block the Biden mandate in the CMS case relating to the vaccine mandate for healthcare facilities receiving Medicare and Medicaid funding, will join me in my third hour to discuss this decision. A note on this: I previously endorsed Missouri AG Eric Schmitt and as I explained on air previously, when I endorse candidates, a rarity, I am disinclined to invite them on air again unless there is unavoidable news in which they are directly involved and can speak to, and this case is such a circumstance.
RELATED — Dr. Mattias Desmet, Professor of Clinical Psychology at Ghent University, Belgium joins me on the show today. You may recall that Dr. Robert Malone mentioned him and “mass formation psychosis” briefly when he was last only my show. Desmet and I will discuss this theory and the criticisms of it as it relates to the pandemic. Don’t miss.