Posted by strikeout26 on 9/14/2021 10:37:00 AM (view original):
First, Jacobson clearly only applies to states.
As far as OSHA, a lot of legal scholars on both the left and right believe that a vaccine mandate is outside of their scope. OSHA doesn’t even know how they can enforce it. It’s something the Biden Admin threw on them. Even if it is found to be constitutional, it will be unenforceable. OSHA doesn’t have the man-power to enforce it.
It will also destroy mid-size businesses. The cost alone from testing the unvaccinated every week will completely decimate profit margins.
Yes - you were right that Jacobson applied to states because the case was dealing with Massachusetts.
I agree that you were correct.
But since then the United States Supreme Court has applied Jacobson to cities and school districts.
I do agree that there has not been a Federal case yet but based upon all the other Supreme Court cases one could expect them to use the exact same reasoning based on the precedent.
They never said that Jacobson applied only to states
and they have applied it to non states - cities and school districts.
On OSHA we have a carved out issue and time will tell. What is good and admirable is that astute people understand that OSHA authority will come before the Court and it is exciting to follow the developments.
I sincerely appreciate being able to have an intelligent and mature conversation with you with no name calling or rancor or snarky attitude.
That is the way it is supposed to be and I’m sure that will continue.
That is all I want. If it is the opposite from others I will turn off the channel.