The Supreme Court Mandate Ruling both The Whitehouse and Governor DeSantis both vow to Ignore
The Supreme Court left both sides of the aisle upset at their latest vaccine mandate ruling. And two of the major players in the fight for and against the mandates vow to defy the opinion of the Supreme Court.
The Supreme Court made the vaccine opinion that have many scratching their heads. The Biden mandates were not legal based on the technicality of being too broad-based? "The court generally felt — at least, as we see in this order, there was a majority that felt the mandate here fit more closely the statutory authority of the secretary of health and human services, who is charged with protecting the health and safety of patients in Medicare and Medicaid facilities." (What a Supreme Court decision on vaccine mandates means for workers | PBS NewsHour) Notice, the Supreme Court never addressed the safety of the vaccines, which many believe are not protecting health, but deteriorating the immune system.
The Supreme Court refused to hear (effectively allowed) Indiana University’s vaccination policy that requires that all students, faculty, and staff be fully vaccinated or have an approved religious, medical, or ethical exemption before returning to campus. Apparently the vaccine safety and efficacy are not being considered by the courts, yet.
James Madison wrote that giving the judiciary the last word on constitutional questions “was never intended, and can never be proper.” Yet we have partisan judges that are appointed by politicians making "case law" and when cases end up at the Supreme Court federal law usually is redefined by the Supreme Court's majority opinion. The Supreme Court has the power to decide on cases arising under the Constitution and ultimately serves as the interpreter of the Constitution.
The Supreme Court, as a guardian of the Constitution, has the power to interpret the laws made by the other branches. If the Court finds that the laws contradict the Constitution, it can invalidate the laws and make them inoperative. (Findlaw.com)
White House press secretary Jennifer Psaki said the Biden administration would “not be deterred” by the Supreme Court decision, and urged employers to immediately continue to “initiate vaccination requirements.” Just months ago Biden and his press secretary admitted to the media that the administration would be circumventing the courts when they illegally used the CDC to extend rent-free living for months.
DeSantis has said Florida will not enforce the healthcare-worker vaccine mandate, which he believes would sideline nurses who have natural immunity to COVID-19.
If the executive branch refuses to enforce a court order or judgment the court is powerless to do anything about it. This is where both Congress and public opinion play a very significant role.
Congress can exert a great deal of direct pressure on the president to compel him to obey the court’s judgment. President. Congressional leaders can meet with the president or the governor and threaten to impeach him if he continues to defy the Supreme Court decision. But in both the president and the governor's situations, their political party is in control of both legislative bodies.
In other words, because Biden and DeSantis are the head of the executive branch, they can defy orders without worrying about a real consequence. The enforcers of the rules escape the enforcement as long as they are in charge.
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