Christian Lamar Profile picture
📜🇺🇸 AZGOP Exec Cmte, Member-at-Large, 2022 Republican AZ State House Nominee, Precinct/State Committeeman, 3x Trump voter, America 1st, Faith #AZ #LD2 #CD8

Jan 14, 2022, 13 tweets

Here are a few highlights below of the US Supreme Court landmark ruling, striking down the Biden mandate against 84 million US workers. Biden’s future plan was to apply the unconstitutional “get vaccinated” mandate against every American worker in the USA. ChristianforArizona.com

“ This Court is not a public health authority. But it is charged with resolving disputes about which au- thorities possess the power to make the laws that govern us under the Constitution and the laws of the land. “

“ Employer must verify vaccination status of each employee & maintain proof of it….mandate does contain an ‘exception’ for employers that require unvaccinated workers to ‘undergo [weekly] testing & wear a face covering’ But employers are not required to offer this option, …”

“ And employers who commit violations face hefty fines: up to $13,653 for a standard violation, and up to $136,532 for a willful one. 29 CFR §1903.15(d) (2021) “

“ 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. “

“ Sometimes lawmakers may be tempted to delegate power to agencies to ‘reduc[e] the degree to which they will be held accounta- ble for unpopular actions.’ R. Cass, Delegation Reconsid- ered: A Delegation Doctrine for the Modern But the Constitution imposes some boundaries here “

“ Sometimes lawmakers may be tempted to delegate power to agencies to ‘reduc[e] the degree to which they will be held accounta- ble for unpopular actions.’ (R. Cass, Delegation Reconsidered: A Delegation Doctrine) But the Constitution imposes some boundaries here. “

“ On the other hand, if the statutory subsection the agency cites really did endow OSHA with the power it as- serts, that law would likely constitute an unconstitutional delegation of legislative authority. “

“ Under OSHA’s reading, the law would afford it almost unlimited discretion—and certainly impose no “specific restrictions” that “meaning- fully constrai[n]” the agency. Touby v. United States, 500 U. S. 160, 166–167 (1991). “

“ OSHA would become little more than a ‘roving commission to inquire into evils and upon discovery correct them.’ A. L. A. Schechter Poultry Corp. v. United States, 295 U. S. 495, 551 (1935) (Cardozo, J., con- curring). “

SUPREME COURT OF THE UNITED STATES
_________________
Nos. 21A244 and 21A247

NATIONAL FEDERATION OF INDEPENDENT BUSINESS, ET AL., APPLICANTS
21A244 v.
DEPARTMENT OF LABOR, OCCUPATIONAL SAFETY
AND HEALTH ADMINISTRATION, ET AL.
[January 13, 2022]

supremecourt.gov/opinions/21pdf…

“ the agency (OSHA) is soliciting public comment and seeking additional information to assess the ability of smaller employers to do so in the rulemaking commenced by this ETS. OSHA will determine the issue on the basis of the record, after receiving public comment. “

COVID-19 Vaccination and Testing; Emergency Temporary Standard

86 FR 61402
Page:
61402-61555 (154 pages)
CFR:
29 CFR 1910
29 CFR 1915
29 CFR 1917
29 CFR 1918
29 CFR 1926
29 CFR 1928

federalregister.gov/documents/2021…

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