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Thread: Preserve, protect and defend

  1. #201
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    Default Re: Preserve, protect and defend

    The rates are not high.

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    Default Re: Preserve, protect and defend

    Quote Originally Posted by Chuck Naill View Post
    I've thought about this ruling. If I could do anything to prevent children from getting sick, I would. If the law says I can't, then change the law. Choosing to do knowing for any reason is not reasonable.
    This is actually a reflection of the Biden theory of government: I can change/ignore/interpret the law to meet my goals, constitutional limits on power be damned. Like telling SEALS that there are religious exemptions for vaccinations and then uniformly denying each application for an exemption:
    The judge, Reed O’Connor, said in his order that the Navy’s blanket denial of all religious waiver requests amounted to a violation of their rights under the First Amendment and the Religious Freedom Restoration Act.

    “The Navy servicemembers in this case seek to vindicate the very freedoms they have sacrificed so much to protect,” O’Connor wrote in the ruling. “The COVID-19 pandemic provides the government no license to abrogate those freedoms. There is no COVID-19 exception to allthe First Amendment. There is no military exclusion from our Constitution.”

    O’Connor goes on to write that the claims of the 35 sailors are “strong,” noting that “secular” waivers, in the guise of medical waivers, were approved while religious ones were not.

    “As a brief preview, the vaccine mandate fails strict scrutiny,” the judge wrote. “The mandate treats comparable secular activity (e.g., medical exemptions) more favorably than religious activity.”
    https://www.sandiegouniontribune.com...accine-waivers

    This is at the District Court level and, of course, subject to appeal. But note the Judge's finding that all religious waivers were denied. This was the Navy doing something.

  3. #203
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    Default Re: Preserve, protect and defend

    Laws that are not relevant should be changed. Thinking laws are Biblical are kind of nonsensical.

  4. #204
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    Default Re: Preserve, protect and defend

    Quote Originally Posted by Chuck Naill View Post
    Laws that are not relevant should be changed. Thinking laws are Biblical are kind of nonsensical.
    Of course you understand that religious exemptions are provided for under secular laws. Why would you say such a thing?

  5. #205
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    Default Re: Preserve, protect and defend

    Laws can be altered or amended.

  6. #206
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    Default Re: Preserve, protect and defend

    Quote Originally Posted by Chuck Naill View Post
    Laws can be altered or amended.
    Or ignored. or misapplied, or misunderstood.

  7. #207
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    Default Re: Preserve, protect and defend

    Quote Originally Posted by kazoolaw View Post
    Quote Originally Posted by Chuck Naill View Post
    Laws can be altered or amended.
    Or ignored. or misapplied, or misunderstood.
    Okay and whatever.

  8. #208
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    Default Re: Preserve, protect and defend

    Today the Supreme Court reversed the Sixth Circuit Court of Appeals and held that the vaccine mandate must be stayed while the issue works its way through the courts. The opinion stated, in part,

    It is telling that OSHA, in its half century of existence,
    has never before adopted a broad public health regulation
    of this kind—addressing a threat that is untethered, in any
    causal sense, from the workplace. This “lack of historical
    precedent,” coupled with the breadth of authority that the
    Secretary now claims, is a “telling indication” that the
    mandate extends beyond the agency’s legitimate reach.

    https://www.supremecourt.gov/opinion...1a244_hgci.pdf

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    Default Re: Preserve, protect and defend

    I wonder if the 5-4 ruling on institutions receiving federal funds (permitting the mandate in these situations) will apply to schools with over 100 employees that receive federal funding.

  10. #210
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    Default Re: Preserve, protect and defend

    While quoting the Hypocratic Oath for health care workers. My first thoughts were, if you think harm is possible by not receiving the vaccine, wouldb't that also apply to all?

  11. #211
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    Default Re: Preserve, protect and defend

    Quote Originally Posted by TSherbs View Post
    I wonder if the 5-4 ruling on institutions receiving federal funds (permitting the mandate in these situations) will apply to schools with over 100 employees that receive federal funding.
    The 5-4 ruling was in regard to Health and Human Services' mandate for health-care workers in facilities receiving Medicare/Medicaid dollars, not all institutions receiving federal funds.

    The Secretary of Health and Human Services administers the Medicare and Medicaid programs, which provide health insurance for millions of elderly, disabled, and low income Americans. In November 2021, the Secretary announced that, in order to receive Medicare and Medicaid funding, participating facilities must ensure that their staff—unless exempt for medical or religious reasons—are vaccinated against COVID–19. 86 Fed. Reg. 61555 (2021). Two District Courts enjoined enforcement of the rule, and the Government now asks us to stay those injunctions. Agreeing that it is entitled to such relief, we grant the applications.
    https://www.supremecourt.gov/opinion...1a240_d18e.pdf
    "A truth does not mind being questioned. A lie does not like being challenged."

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    Default Re: Preserve, protect and defend

    From the concurring opinion of Justice Gorsuch:

    "The federal government’s powers, however, are not general but limited and divided. See McCulloch v. Maryland,
    4 Wheat. 316, 405 (1819). 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. "
    (Citations omitted, emphasis added)

  13. #213
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    Default Re: Preserve, protect and defend

    I’m sure a First Ammendment argument could have been used. What is liberty, if dead?

    An, to impose a different standard on healthcare. Really?

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    Default Re: Preserve, protect and defend

    Nominee Judge Jackson :
    You can expect questioning regarding her being reversed on appeal for deciding a case over which she had no jurisdiction, and another for judicial overreach for deciding a case in light of a federal law stating the question was left to the federal agency alone.
    [Please refer to the https://jonathanturley.org/2022/02/2...brown-jackson/ [I haven't had the time to read the decisions listed in this article.]
    Seems at a glance to be another in the "judicial legislating" Democrat camp.

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    Default Re: Preserve, protect and defend

    "at a glane" being the issue.

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    Default Re: Preserve, protect and defend

    Quote Originally Posted by Chuck Naill View Post
    "at a glane" being the issue.

    The word is "glance," which is not the issue.
    Having now read the two opinions: a judicial legislator with little/no sense on the limits of jurisdiction.

  17. #217
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    Default Re: Preserve, protect and defend

    Quote Originally Posted by kazoolaw View Post
    Quote Originally Posted by Chuck Naill View Post
    "at a glane" being the issue.

    The word is "glance," which is not the issue.
    Having now read the two opinions: a judicial legislator with little/no sense on the limits of jurisdiction.
    Yes, and the word is relevant.

  18. #218
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    Default Re: Preserve, protect and defend

    Quote Originally Posted by Chuck Naill View Post
    Quote Originally Posted by kazoolaw View Post
    Quote Originally Posted by Chuck Naill View Post
    "at a glane" being the issue.

    The word is "glance," which is not the issue.
    Having now read the two opinions: a judicial legislator with little/no sense on the limits of jurisdiction.
    Yes, and the word is relevant.
    Not now after a long gaze.

  19. #219
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    Default Re: Preserve, protect and defend

    Quote Originally Posted by kazoolaw View Post
    Quote Originally Posted by Chuck Naill View Post
    Quote Originally Posted by kazoolaw View Post
    Quote Originally Posted by Chuck Naill View Post
    "at a glane" being the issue.

    The word is "glance," which is not the issue.
    Having now read the two opinions: a judicial legislator with little/no sense on the limits of jurisdiction.
    Yes, and the word is relevant.
    Not now after a long gaze.
    Depends on where you're standing.

  20. #220
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    Default Re: Preserve, protect and defend

    Quote Originally Posted by Chuck Naill View Post
    Depends on where you're standing.
    This is Chuck.
    When the topic is too tough for him to understand Chuck goes inanely off-topic.
    Chuck thinks his distraction prevents you from noticing his inability to engage in genuine discussion.
    Don't be Chuck.

  21. The Following 2 Users Say Thank You to kazoolaw For This Useful Post:

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