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Re:Courts block two Biden administration Covid vaccine mandates by mattzito on Wednesday December 01, 2021 @09:39AM (#29403984)
Except that the role of the CMS, as established by congress, is to set the guidelines of care and standards of participation for providers who opt to accept Medicare and Medicaid patients.

They set rules for everything from how many hospitals can be owned by a single entity, to what sorts of qualifications are required for hospital administrators, to what types of medical orders are allowed to be given to patients. Their explicit charter is to ensure Medicare and medicaid patients are cared for and their health is looked after. From that lens, requiring a vaccination that reduces the likelihood that one of those patients is infected with a potentially deadly disease (particularly deadly for those on Medicare, given the demo), is eminently reasonable.

And the administrator is confirmed by congress. If this regulation was about almost anything else, this would be a nothingburger

Re:Courts block two Biden administration Covid vaccine mandates by bko on Wednesday December 01, 2021 @09:45AM (#29404046)
> to what types of medical orders are allowed to be given to patients

Suppose an anti-abortion president gets elected and he elects someone as head and tells them that health care providers that accept medicare or medicaid cannot provide abortions. Not making it illegal per-se, but just for the providers that accept medicare or medicaid for any of their services.

You okay with this as well?

Re:Courts block two Biden administration Covid vaccine mandates by DSMan195276 on Wednesday December 01, 2021 @10:11AM (#29404356)
The problem I see with this kind of argument is that whether a health care provider provides abortion services has very little (nothing) to do with the care given to a medicaid or medicare patients. Where-as them being vaccinated for COVID does have a very clear impact on medicaid/medicare patients, especially since medicare patients are more likely to be in a high risk group (IE: old).

It seems to me like you just don't think medicare or medicaid should be a thing to begin with. I think it's basic sense that if we're paying for medicare and medicaid we should require the healthcare providers receiving our tax dollars to meet some standard level of care, or else we're just wasting our money. We can argue over what that level of care should be, but I don't think it's all that debatable that requiring things like vaccines could fall into that level of care if not having them is particularly risky for patients.

Re:Courts block two Biden administration Covid vaccine mandates by bko on Wednesday December 01, 2021 @10:22AM (#29404517)
> The problem I see with this kind of argument is that whether a health care provider provides abortion services has very little (nothing) to do with the care given to a medicaid or medicare patients.

There's no mechanism to enforce this reasoning. It's whether the agency has the power to do it or not. For instance it could be argued that natural immunity is far superior to vaccines, so excluding healthcare workers with natural immunity from working is not about protecting patients.

> It seems to me like you just don't think medicare or medicaid should be a thing to begin with.

???

Re:Courts block two Biden administration Covid vaccine mandates by DSMan195276 on Wednesday December 01, 2021 @10:41AM (#29404802)
> There's no mechanism to enforce this reasoning. It's whether the agency has the power to do it or not. For instance it could be argued that natural immunity is far superior to vaccines, so excluding healthcare workers with natural immunity from working is not about protecting patients.

I'm not sure what you're getting at, Congress gave the agency the power to set guidelines for requirements for caring for medicaid/medicare patients, that's what they do. If a guideline would not actually impact medicaid/medicare patients, then they can't do it and it would rightfully get struck down in court when it is challenged for not falling within their powers. That's quite literally the same mechanism currently being used to challenge their power to require vaccines.

Your point about natural immunity seems reasonable, it doesn't mean requiring vaccines for those without natural immunity wouldn't still make sense though so I don't think it really fits your point. Claiming that the particular way they went about this requirement is bad is different from saying they can't require a vaccine at all. I think your point makes some sense, but it could still be paired with a vaccine requirement making it effectively the same thing.

> ???

I thought what I said was pretty self explanatory. If Medicare and Medicaid are going to be worth it then we have to have some standard level of care that we're paying for - we shouldn't be paying tons of money just for medicare/medicaid patients to receive bad care. Why should my tax dollars to go a healthcare provider who doesn't want to get the vaccine when that money can go to one who will? The medicare/medicaid patients that we're paying for will get better treatment from those healthcare providers who require vaccination, and if better care is not the goal than what is?

Re:Courts block two Biden administration Covid vaccine mandates by bko on Wednesday December 01, 2021 @11:01AM (#29405058)
>> It seems to me like you just don't think medicare or medicaid should be a thing to begin with.

Please don't ascribe beliefs or intentions to me that I didn't explicitly state.

> Why should my tax dollars to go a healthcare provider who doesn't want to get the vaccine when that money can go to one who will?

Medicare and Medicaid should be fee for treatment. Why shouldn't I be allowed to choose what provider I want to visit for the same treatment? They can have different covid policies, much like schools do. I don't think it should be a federal issue.

> The medicare/medicaid patients that we're paying for will get better treatment from those healthcare providers who require vaccination, and if better care is not the goal than what is?

You're mistaking treatment for safety protocols. A health care provider can have a certain doctor to nurse ratio or a million other things and they may not all be "optimal" as defined by the powers that be. We should allow people to choose what health care provider is right for them based on their constraints and not restrict options.

Re:Courts block two Biden administration Covid vaccine mandates by kelnos on Wednesday December 01, 2021 @11:39AM (#29405680)
> We should allow people to choose what health care provider is right for them based on their constraints and not restrict options.

Disagree. If I'm footing the bill for that care (as a taxpayer) I expect to have a say in what constitutes minimum quality of care.

And allowing unvaccinated healthcare workers to treat patients is reckless, and falls well below that minimum quality bar.

(I would also accept healthcare workers with natural immunity, assuming we can establish some sort of testable minimum antibody level that confers a similar level of protection as a vaccine.)

Re:Courts block two Biden administration Covid vaccine mandates by DSMan195276 on Wednesday December 01, 2021 @11:57AM (#29406004)
> Why shouldn't I be allowed to choose what provider I want to visit for the same treatment? They can have different covid policies, much like schools do. I don't think it should be a federal issue.

You can, by paying for it yourself :P

> You're mistaking treatment for safety protocols. A health care provider can have a certain doctor to nurse ratio or a million other things and they may not all be "optimal" as defined by the powers that be. We should allow people to choose what health care provider is right for them based on their constraints and not restrict options.

I see what you're saying but I think it's an odd distinction, treatment outcomes and safety protocols are clearly linked, why should tax dollars go to treatment provided with substandard safety protocols when the same can be spent for better treatment elsewhere? Functionally it would just end up costing us and the program more over time and lead to worse outcomes. The other issue here is that most patients aren't even going to know enough about the various things you listed to make an informed opinion about them.

Re:Courts block two Biden administration Covid vaccine mandates by nickgros on Wednesday December 01, 2021 @10:33AM (#29404689)
> There's no mechanism to enforce this reasoning.

The mechanism would be the judicial system, and in the case of restricting abortion services, the regulation would probably be subject to strict scrutiny.

https://en.wikipedia.org/wiki/Strict_scrutiny

Re:Courts block two Biden administration Covid vaccine mandates by Beldin on Wednesday December 01, 2021 @06:09PM (#29410341)
> For instance it could be argued that natural immunity is far superior to vaccines

Lots of things could be argued; some things shouldn't be argued without evidence.

During a pandemic, statements that will be interpreted as suggesting that catching the disease beats vaccination fall squarely in that category.

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Re:Courts block two Biden administration Covid vaccine mandates by UnFleshedOne on Wednesday December 01, 2021 @06:29PM (#29410492)
The problem here is not preferring vaccines to natural immunity for previously uninfected people -- it is mandating vaccinations for people already having natural immunity. Once that comes into play you can be sure health outcomes are not the intention of the policy.
Re:Courts block two Biden administration Covid vaccine mandates by sjwalter on Wednesday December 01, 2021 @11:39AM (#29405673)
Uh, wat?

Every single study done on the topic shows that natural immunity (not innate immunity) is vastly superior and more durable and more robust than vaccine immunity. Here's a study from the prestigious publication Cell: https://www.cell.com/cell-reports-medicine/fulltext/S2666-37...

What are you talking about?

Re:Courts block two Biden administration Covid vaccine mandates by lukeschlather on Wednesday December 01, 2021 @10:41AM (#29404805)
"it could be argued" is not a substitute for the judgement of the regulatory body. The regulatory body hears arguments and makes a determination, I'm pretty sure that's the mechanism. (And it sounds like the court has decided to overrule it on shaky grounds.)
Re:Courts block two Biden administration Covid vaccine mandates by SkyPuncher on Wednesday December 01, 2021 @10:49AM (#29404902)
The person you're replying to has a slightly incorrect statement. At least to my knowledge.

CMS only controls this for patients covered by Medicaid/Medicare. It can set the tone for the entire industry, but does not solely control the industry. Typically, they create influence by setting/rejecting Medicaid/Medicare reimbursement standards. Since enough patients are covered by CMS, it tends to be easier for hospitals to broadly adopt the policies.

Re:Courts block two Biden administration Covid vaccine mandates by mattzito on Wednesday December 01, 2021 @11:31AM (#29405556)
It might be a difference without a distinction, but technically the provider is participating, non-participating, or opt-out. In the first two cases, the provider has to meet those standards, and while I'm sure that there might be deltas between how medicare/medicaid patients and non- are covered (e.g. minimum post-procedure length of stays), all of the requirements around the provider apply to everyone at the provider. That is, you can't have one hospital administrator with a degree for the medicaid people and one without for not - the hospital administrators, full stop, have to have the appropriate degrees and certifications.
Re:Courts block two Biden administration Covid vaccine mandates by beerandt on Wednesday December 01, 2021 @12:58PM (#29406913)
No- they say play by our rules for everyone or the majority of your revenue disappears.
Re:Courts block two Biden administration Covid vaccine mandates by JumpCrisscross on Wednesday December 01, 2021 @10:06AM (#29404293)
> Suppose an anti-abortion president gets elected and he elects someone as head and tells them that health care providers that accept medicare or medicaid cannot provide abortions

Not comparable. Based on current law, abortion is a Constitutionally-protected right. Based on precedent from the Spanish-flu era, the government has broad public health powers.

All that said, as someone who isn’t a fan of how much power Congress has ceded to the executive through administrative powers (which delegate legislative powers to the executive through rulemaking), I wouldn’t mind seeing those curtailed.

Re:Courts block two Biden administration Covid vaccine mandates by claytongulick on Wednesday December 01, 2021 @11:20AM (#29405374)
You should probably read the Jacobson decision more carefully [1], since you believe that it grants the government the right to mandate vaccines.

The decision is much more narrow that you've been led to believe.

It specifically addresses state police powers, not federal powers.

It also doesn't mandate vaccination, it allows a small fine to be paid instead.

Also, according to a well known attorney I consulted (who has argued several cases before the Supreme Court) the Jacobson decision has been overturned countless times and is considered an awful ruling, the Healthcare equivalent of Dred Scott.

[1] https://en.m.wikipedia.org/wiki/Jacobson_v._Massachusetts

Re:Courts block two Biden administration Covid vaccine mandates by JumpCrisscross on Wednesday December 01, 2021 @03:19PM (#29408651)
> since you believe that it grants the government the right to mandate vaccines

Specifically avoided saying that. Stated simply, my point is there is positive precedent to the precursors to vaccine mandates, and reasonable ambiguity to the question per se. There is clear negative precedent for abortion. As such, comparing them is misleading. (Better analogy may be found in gun rights.)

Re:Courts block two Biden administration Covid vaccine mandates by kelnos on Wednesday December 01, 2021 @11:33AM (#29405574)
I'm not ok with it, but would be forced to accept that it is within the authority granted to the agency to make that call.

Assuming it is: I think policy measures like that should be subject to medical needs. I think there's a clear medical need to require COVID vaccinations for healthcare workers, but banning abortions doesn't pass that test.

And hell, didn't the Trump administration actually do this, though maybe through different means? Withholding federal funding from providers who offer abortions?

Re:Courts block two Biden administration Covid vaccine mandates by mattzito on Wednesday December 01, 2021 @11:17AM (#29405331)
No, of course not, but that's not what I was referring to - I was referring to, are doctors allowed to leave standing orders for patients? Can they give them over the phone? What kind of procedures can nurses and NPs order? Those sorts of things.

Your example is a covered procedure, some of which is defined by the CMS, but much of it is defined by federal statute that dictates what classes of procedure are covered by medicaid/medicare. To go to your example specifically, federal statute ALREADY limits medicaid abortion coverage to abortions arising from rape, incest, or that put the health of the mother at risk. 16 states go beyond that and cover abortion in more cases, but they pay for that with their own money (which is also allowed statutorily). So in your case, what the new CMS head was declaring is unlawful on its face, as this is something that congress has specifically addressed.

Re:Courts block two Biden administration Covid vaccine mandates by adrr on Wednesday December 01, 2021 @10:12AM (#29404367)
Banning health care providers from abortion would be unconstitutional. It would be the same as a president banning health care providers from serving muslims. Women have a constitutional right to get an abortion. People don't have a constitutional right to not vaccinate. Government can and has jailed and/or fined people for not getting a vaccine. These SCOTUS approved mandates helped rid America of smallpox.
Re:Courts block two Biden administration Covid vaccine mandates by willcipriano on Wednesday December 01, 2021 @10:20AM (#29404482)
Ehh constructional right is a bit strong.

The supreme court ruled that the 14th amendment[0], has somewhere hidden within it a right to privacy. This right to privacy appearently applies exclusively to abortion, as warrentless wiretapping of every US citizen has been determined not to be a constitutional violation.

I find it funny that they can find a right to privacy in the 14th, but give the thumbs up to civil asset forfeiture that directly contradicts the text and is a obvious violation. They seem to make things up as they go along depending on what is politically expedient.

[0]https://constitution.congress.gov/constitution/amendment-14/

Re:Courts block two Biden administration Covid vaccine mandates by bbatha on Wednesday December 01, 2021 @10:34AM (#29404701)
The right to privacy is in the 4th amendment, the 14th amendment is used to "incorporate" constitutional rights to the states. Prior to the 14th amendment the rights in the constitution only prevent abridgement of rights by the federal government but states were free to take them away.
Re:Courts block two Biden administration Covid vaccine mandates by cies on Wednesday December 01, 2021 @10:27AM (#29404602)
> Banning health care providers from abortion would be unconstitutional.

Forcing care workers to take a medicine against their will is constitutional you say?

All medical procedures should be voluntary, or we go back to the times of lobotomy and forced sterilizations of minorities (and that's not as many decades back as you may think).

> Government can and has jailed and/or fined people for not getting a vaccine.

This means being unvaxed is a something only the rich can afford. Pay fines, and have a good lawyer.

Re:Courts block two Biden administration Covid vaccine mandates by Isthatablackgsd on Wednesday December 01, 2021 @10:54AM (#29404966)
> Forcing care workers to take a medicine against their will is constitutional you say?

They are not forced to take the medicine. They are given an choice to take the vaccine or find another job. If they refused to take the vaccine, that is their choice, period. They cannot claimed they are being forced because they are given an choice in the first place. They are given a free will with their decision. Thousands of Thousands people screeching for being forced when they are given a choice. Society don’t have to conform to those people who want to endanger their people and their livelihood.

Re:Courts block two Biden administration Covid vaccine mandates by refurb on Wednesday December 01, 2021 @11:13AM (#29405272)
This is an incredibly weak argument and the courts have already ruled similar issues.

The government can’t violate your right to free speech. They also can’t “ask” a private company to censor you as it effectively the same thing.

Telling someone “its your choice but if you don’t do it you’ll lose your livelihood” is not a choice at all.

Re:Courts block two Biden administration Covid vaccine mandates by cmh89 on Wednesday December 01, 2021 @12:43PM (#29406722)
Choices have consequences. I have the choice to stop wearing clothes to my job and the consequence of that choice is that my job would fire me.

The ability of the government to establish vaccination requirements is long established. It's only becoming a hot topic now because anti-science folks have been programmed to fear a safe and effective vaccine.

Re:Courts block two Biden administration Covid vaccine mandates by exodust on Thursday December 02, 2021 @12:56AM (#29413008)
> I have the choice to stop wearing clothes to my job

The difference is you flipped the switch and decided to turn up to work without clothes. You decided to radically change your behavior and actions in the workplace. This will obviously have consequences due to your unsightly naked body offending co-workers.

When someone doesn't flip any switch, but continues to work exactly as they did before, they have not done anything you can label a "choice with harsh consequences".

Unvaccinated people are not suddenly shedding and dangerous, in the way a naked person is shedding pubic hairs everywhere.

Re:Courts block two Biden administration Covid vaccine mandates by cmh89 on Thursday December 02, 2021 @10:13AM (#29417103)
The difference is totally irrelevant.

>Unvaccinated people are not suddenly shedding and dangerous, in the way a naked person is shedding pubic hairs everywhere.

Unvaccinated people are inherently dangerous. The change is that we now have the ability for them to become vaccinated people who aren't nearly as dangerous to their clients.

In June 2020, we had no choice but to have unvaccinated health care workers. Today, we do.

Re:Courts block two Biden administration Covid vaccine mandates by exodust on Thursday December 02, 2021 @08:37PM (#29425582)
> Unvaccinated people are inherently dangerous.

They are not dangerous. A person who has access to sharp knives but is currently not holding a knife, is no more dangerous than someone who does not have access to knives.

But even that analogy doesn't fit, since vaccinated people can certainly still get sick and transmit the virus.

Besides, I am not restricting my position in this debate to health care workers. I am talking about anyone with a job, who is now required to get vaccinated. That's what happened where I live (Australia). Everyone in my state from barristers, to builders, office workers, truck drivers... literally every professional who isn't working from home, is required to get the vaccine or lose their job.

Many are pissed off with the expanding scope of mandates.

I can understand the requirement for health workers to be vaccinated. But even then, they should have the option to be tested regularly instead.

This is what happens... incremental laws expand and eliminate choice. Suddenly you live in a world where you must get jabbed every 6 months, and repeatedly prove your vaccine status to everyone every day. Tagged, tracked and validated for walking around doing normal things is not a world we should be encouraging, even in pandemic times. If we must disagree on that point, then fine, we disagree.

Re:Courts block two Biden administration Covid vaccine mandates by cmh89 on Wednesday December 08, 2021 @11:27AM (#29486731)
I think there's really a collision between your conspiracy theory view of the world where getting inoculated is equivalent to being 'tagged, tracked and validated"

Vaccinated people can get sick and transmit the virus, true, but it's much less likely that they will. People with STIs can also transmit the virus, so we wear condoms to make the risk of transmission substantially less. If your sexual partner is unwilling to wear a condom or unwilling to have sex with you if you wear one, you can just choose to not have sex with them and the risk of transmission goes to nothing. That choice doesn't exist with work. If my co-worker chooses to remain a massive public health risk, my chances of catching COVID-19 go up quite a bit. I can't choose to just not be around you and the rest of anti-vaxxers. Not to mention there are people who have legitimate medical reasons who are unable to get vaccinated who are put at substantially higher risk by being forced to be around conspiracy theory anti-vaxxers.

Re:Courts block two Biden administration Covid vaccine mandates by refurb on Wednesday December 01, 2021 @10:29PM (#29412215)
It's clearly not an established process since Biden's mandates is being struck down.
Re:Courts block two Biden administration Covid vaccine mandates by cmh89 on Thursday December 02, 2021 @10:18AM (#29417151)
The court really has nothing to do with whether or not something is well-established. The judge who blocked the mandate is an ideological, inexperience trump appointee.

I'm talking about 'well-established' in that it's been happening for 200+ years. The conservative right-wing theocratic extremists that trump appointed will destroy our judicial norms for the next 50 years but that doesn't make them right.

[dead]
Re:Courts block two Biden administration Covid vaccine mandates by mrguyorama on Wednesday December 01, 2021 @02:04PM (#29407751)
That's only disallowed because of the sex angle. If your boss tells you "come to this work sponsored luncheon for a person you hate or be fired", that's not blackmail and is perfectly allowed.

Don't pollute comparisons with situations that have other considerations

Re:Courts block two Biden administration Covid vaccine mandates by kelnos on Wednesday December 01, 2021 @11:45AM (#29405799)
You're aware that we've had vaccine mandates for decades, right? Were you also upset about requiring kids get (for example) MMR vaccines before allowing them to attend public school? If so, then congratulations: some diseases we'd thought we'd eradicated have been coming back because of anti-vax nutjobs.

You are not an island. You live in a society, a community of people that requires individuals to give up some personal liberties for the good of the whole. Those who don't like that should go move to an isolated island where their harm to others can be limited.

[dead]
Re:Courts block two Biden administration Covid vaccine mandates by tastyfreeze on Wednesday December 01, 2021 @11:41AM (#29405725)
Coercion is force. Being told to vaccinate or get fired is not a choice it is coercion.
Re:Courts block two Biden administration Covid vaccine mandates by kelnos on Wednesday December 01, 2021 @11:48AM (#29405838)
Yes, and coercion is a tool that governments use all the time in order to keep selfish people from trampling over the safety and well-being off their neighbors. Vaccination perfectly fits that bill.
Re:Courts block two Biden administration Covid vaccine mandates by tastyfreeze on Wednesday December 01, 2021 @12:08PM (#29406196)
The SARS-CoV2 vaccine does not provide any meaningful reduction in the spread of the virus. At best it provides a reduction in severity of symptoms for an individual infection. So, your argument that forced injection is justified is null based on vaccine effect alone. Current attempts at coercing employees to vaccinate also do not take into account naturally acquired immunity that is stronger than any vaccine provides.

https://www.thelancet.com/journals/laninf/article/PIIS1473-3...

Re:Courts block two Biden administration Covid vaccine mandates by cmh89 on Wednesday December 01, 2021 @12:26PM (#29406482)
Is being told to wear clothes or get fired coercion? Do you find that acceptable?
Re:Courts block two Biden administration Covid vaccine mandates by tastyfreeze on Wednesday December 01, 2021 @12:36PM (#29406632)
Being told to wear clothes or get fired does not require that I get an injection that can cause harm to me. These two things are not equal.
Re:Courts block two Biden administration Covid vaccine mandates by cmh89 on Wednesday December 01, 2021 @01:21PM (#29407203)
I was just establishing that you don't have a philosophical problem with an Authority using coercion to achieve a goal.

Vaccines are safe and effective so I wont get into what conspiracy theories you believe about the COVID-19 vaccine. Most importantly, vaccines have been mandated by the government in different settings for years. I'm sure if you went to college at a public school, you had to certain vaccines. I know I did.

Re:Courts block two Biden administration Covid vaccine mandates by tastyfreeze on Wednesday December 01, 2021 @02:49PM (#29408299)
In general I will rebel against any authority that claims to know what is better for me than I do. Nobody is my master. That is what our Constitution protects. My individual right to do whatever the hell I want to as long as it doesn't inhibit other people from doing the same. That doesn't mean I would not comply just for the sake of it. If something is requested of me I will weigh the risks and benefits for myself and my family and make a decision that is best for me.

Despite what the media and elected/appointed officials are telling you the SARS-CoV2 vaccine is not 100% safe[1] or effective[2]. The authority to mandate vaccines resides with states not the federal government. The SCOTUS has upheld this authority in Jacobson v. Massachusetts. The federal government has absolutely zero authority to mandate vaccination in any capacity.

Yes, I did get vaccinations that were mandated by my state to attend public school. All of them were for diseases that are much more destructive and deadly than SARS-CoV2. In my case the vaccines required by my state were diphtheria, tetanus, pertussis, polio, measles, mumps, and rubella.

[1] https://www.cdc.gov/coronavirus/2019-ncov/vaccines/safety/ad...

[2] https://www.thelancet.com/journals/laninf/article/PIIS1473-3...

Re:Courts block two Biden administration Covid vaccine mandates by handrous on Wednesday December 01, 2021 @04:02PM (#29409091)
> Despite what the media and elected/appointed officials are telling you the SARS-CoV2 vaccine is not 100% safe[1] or effective[2].

Who the fuck's been saying either of those things? None of the mainstream sources I've seen, certainly. Usually, for the efficacy angle, they're emphasizing that it's not 100% effective, and that's part of why it's important that more people get vaccinated and that vaccinated people continue to take precautions.

Re:Courts block two Biden administration Covid vaccine mandates by cmh89 on Wednesday December 01, 2021 @07:07PM (#29410833)
My thought is that anti-science folks are telling each other that the media and scientists are saying that mainly because the evidence that the COVID-19 vaccine is safe and effective is overwhelming. They need to move the goal post to "100%".
Re:Courts block two Biden administration Covid vaccine mandates by sjwalter on Wednesday December 01, 2021 @11:41AM (#29405709)
So silly. "Comply with us or you lose your job" is only semantics away from "forced". Especially galling since:

a) Many frontline workers have superior natural immunity anyway.

b) We're in a pandemic and this nuclear option ensures we have fewer healthcare workers, not more ("fewer workers to make the curve more impactful!")

c) Not a year ago these were our heros and saviours, and now they're villains for failing to comply. LOL

Re:Courts block two Biden administration Covid vaccine mandates by adrr on Wednesday December 01, 2021 @10:30AM (#29404646)
Greater good of society out weighs people's individual rights. These are basic constitutional tenets. Why you can't yell fire in a crowded theater even though you have the right to free speech. Why the SCOTUS has ruled vaccine mandates are constitutional.
Re:Courts block two Biden administration Covid vaccine mandates by coredog64 on Wednesday December 01, 2021 @11:06AM (#29405162)
Schenk was overturned because it was a bad decision. In general, “fire in a crowded theater” is my heuristic for “this person doesn’t know what they’re talking about”.

This is the top Google result for “fire in a crowded theater”: https://www.theatlantic.com/national/archive/2012/11/its-tim...

Re:Courts block two Biden administration Covid vaccine mandates by adrr on Wednesday December 01, 2021 @12:06PM (#29406146)
Use the more modern version it and yell “I have a bomb”.
Re:Courts block two Biden administration Covid vaccine mandates by beerandt on Wednesday December 01, 2021 @12:50PM (#29406813)
You got the premise wrong, not the phrasing.

With firecodes what they are today, a bomb is a more comparable danger to what a fire was 100 yrs ago, anyway.

Re:Courts block two Biden administration Covid vaccine mandates by refurb on Wednesday December 01, 2021 @11:15AM (#29405303)
You actually can yell fire in a crowded theatre and no, the the US doesn’t automatically weigh the “greater good” over individual rights.
Re:Courts block two Biden administration Covid vaccine mandates by tastyfreeze on Wednesday December 01, 2021 @10:57AM (#29405005)
Society is a cultural framework and does not in any way supercede individual rights. There is no greater good. The SCOTUS has ruled that states have the authority to mandate vaccination not the federal government. The federal government is extremely limitited in its authority by the Constitution.
Re:Courts block two Biden administration Covid vaccine mandates by claytongulick on Wednesday December 01, 2021 @11:10AM (#29405222)
"Greater good" has been the justification for the worst atrocities committed in history.

Be careful about so willingly giving up your right to self-ownership.

You may not ever get it back.

Re:Courts block two Biden administration Covid vaccine mandates by adrr on Wednesday December 01, 2021 @11:39AM (#29405679)
Greater good is what it makes it possible to have individual rights. Imagine if you had an absolute right to free speech. You could write or speak anything without legal recourse. Trademark law and copyright law wouldn’t work. Fraud wouldn’t be prosecutable.

Apply that to other rights like the right to bear arms. If government couldn’t set standards and people could procure any weapon, how does society function? How does air travel even exist with people owning anti aircraft missiles.

That’s why our founders made our constitution a living document with courts interpreting the constitution and balancing individual rights with our collective rights.

Re:Courts block two Biden administration Covid vaccine mandates by claytongulick on Wednesday December 01, 2021 @12:55PM (#29406880)
I see the "living document" argument made a lot, and I don't think it means what some people think it means.

The founders were purposefully vague in several areas of the constitution because they absolutely did want circumstances to determine interpretation, however they were not vague at all about delegated and reserved powers. These things are not "living" in a sense of judicial review.

By "living" document, it was intended that the constitution could be modified by an amendment process. There was never a provision for judicial review.

In fact, then entire concept of judicial review arose from Marbury vs Madison [1] where the court claimed this power.

The purpose of the U.S. Constitution, and one of the things that makes it unique in history, is to limit the powers of the government. The founders believed that individual rights were innate (granted by God), not granted by government and certainly not granted by the federal government.

All powers other than those specifically Delegated to the federal government are reserved for the States - the 10th Amendment makes this clear.

It is not the role of the federal government to decide on "greater good" mandates, those powers are very specifically reserved for the states, who are constrained on what they may do by the Constitution and its amendments.

We, as a country, have allowed the federal government to overstep this in many areas. The DEA, for example, only exists because of a very bad interpretation of the Interstate Commerce Clause, which arose from a bad Supreme Court decision (Wikard vs Filburn)[2] about whether or not you were allowed to grow your own wheat.

[1] https://en.wikipedia.org/wiki/Marbury_v._Madison

[2] https://en.wikipedia.org/wiki/Wickard_v._Filburn

Re:Courts block two Biden administration Covid vaccine mandates by odessacubbage on Wednesday December 01, 2021 @11:01AM (#29405067)
you can indeed yell fire in a crowded theater.
Re:Courts block two Biden administration Covid vaccine mandates by Chris2048 on Wednesday December 01, 2021 @10:23AM (#29404542)
Then just ban men from having them as well.

> Women have a constitutional right to get an abortion.

Do they? Where is that written?

EDIT: the vague "life, liberty, or property" clause as interpreted by Roe vs Wade. This is such a blank-cheque it may as well not be in the constitution as in hands all power to the interpretation of the courts.

Re:Courts block two Biden administration Covid vaccine mandates by adrr on Wednesday December 01, 2021 @10:37AM (#29404731)
" the vague "life, liberty, or property" clause as interpreted by Roe vs Wade. This is such a blank-cheque it may as well not be in the constitution as in hands all power to the interpretation of the courts."

If you read federalist papers or any of the writings of founders on the constitution. The constitution is a living document that is decided by the courts. It is really hard to have a fruitful debate without people having even basic knowledge on this subject.

Re:Courts block two Biden administration Covid vaccine mandates by refurb on Wednesday December 01, 2021 @11:18AM (#29405336)
No, it’s not a living document open to the whims of interpretation or flavor of the month.

That’s how you end up with Russia taking over Odessa due to “national security” reasons.

If it’s a living document it’s not worth the paper it’s written on.

Re:Courts block two Biden administration Covid vaccine mandates by Chris2048 on Wednesday December 01, 2021 @01:58PM (#29407660)
I didn't say the courts couldn't interpret the constitution, but "living document" doesn't need to imply vague - RvW carved out a limited clarification without supplying a general rule of what is and isn't covered. The courts shouldn't have the power to totally skewer the constitution, ad-hoc.

> having even basic knowledge on this subject

That's your opinion. People debate in echo chambers all the time, if that's what you'd prefer.

Re:Courts block two Biden administration Covid vaccine mandates by adrr on Wednesday December 01, 2021 @10:27AM (#29404594)
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Re:Courts block two Biden administration Covid vaccine mandates by bwb on Wednesday December 01, 2021 @10:23AM (#29404540)
Gas powered leaf blowers would have to be banned under the law before a government agency can then afford said law. Bit different...
Re:Courts block two Biden administration Covid vaccine mandates by teeray on Wednesday December 01, 2021 @09:59AM (#29404221)
Sure, that’s the loophole. What’s happening here is yet another end-run around the democratic process. People are tired of emergency powers, executive orders, and delegated authority being used to enact some of the most impactful laws of our time. We want the Schoolhouse Rock version of law-making because we at least get something of a say in it.
Re:Courts block two Biden administration Covid vaccine mandates by clukic on Wednesday December 01, 2021 @10:50AM (#29404916)
Should Congress also pass laws regarding which vaccines are mandated for military personal serving in which areas of the world? For example, if the risk of yellow fever increases in Yemen, should Congress pass a law requiring special forces deployed in that area must acquire the vaccine? Or should that decision be left to the appointed heads of those branches of the military?

https://usarmybasic.com/about-the-army/army-shots

Re:Courts block two Biden administration Covid vaccine mandates by redblacktree on Wednesday December 01, 2021 @10:28AM (#29404620)
Congress has delegated the authority to make these decisions to regulatory agencies. If congress wants that authority back, they can get it back via legislation. The responsibility for the current situation starts and stops with congress. The executive branch is doing what congress has asked it to do, and the executive branch would stop doing those things the moment that congress legislated the authority back to themselves.
Re:Courts block two Biden administration Covid vaccine mandates by crazy1van on Wednesday December 01, 2021 @10:51AM (#29404928)
> Congress has delegated the authority to make these decisions to regulatory agencies

Yes, but at some point there must be a limit to how much power they can delegate. If Congress created a new Super-Congress that it granted all the powers of Congress, I would contend that would be unconstitutional. It clearly goes against the founding principles of having three branches of government. That would be akin to the government creating a fourth branch without amending the constitution.

Amending the constitution is a process that is clearly defined by the constitution. If that process isn't needed to create a fourth branch of government, a change that changes the core of the constitution, what would it ever be needed for and why would they have included it?

Re:Courts block two Biden administration Covid vaccine mandates by redblacktree on Wednesday December 01, 2021 @11:05AM (#29405150)
It would be up to the judicial branch to make those determinations. So far, they are broadly OK with the delegation that has happened.
Re:Courts block two Biden administration Covid vaccine mandates by betwixthewires on Wednesday December 01, 2021 @11:43AM (#29405761)
...except for the delegation of power to mandate vaccines apparently, which is the focus of this discussion.

If we are going to talk about what's the right answer from a position of "if the court says it that's how it goes" then I can assume you're happy with this court decision?

Re:Courts block two Biden administration Covid vaccine mandates by redblacktree on Thursday December 02, 2021 @10:36AM (#29417411)
Yes, I'm happy with it from a "balance of power" perspective. I would like a different outcome, regarding vaccine mandates, but that responsibility lies with congress, and unfortunately one of our political parties is anti-science and anti-vaccine, which means it won't happen.

Still, I'm happy that we're not breaking the rules for the convenience of getting an outcome I'd like better.

Re:Courts block two Biden administration Covid vaccine mandates by bingohbangoh on Wednesday December 01, 2021 @10:33AM (#29404694)
Does the CDC have regulatory mandates to ensure vaccination? Does this extend to "get vaccinated or get fired?"

People very broadly give power to the CDC that I don't think they have.

Re:Courts block two Biden administration Covid vaccine mandates by javagram on Wednesday December 01, 2021 @10:56AM (#29404995)
Why are you mentioning the CDC?

Do you know that the two federal mandates were issued by CMS and by OSHA, two completely different organizations from the CDC?

BTW, the law as written gives very broad powers to OSHA and other agencies. This is controversial mainly because one political side in the country is anti vaccine right now.

Re:Courts block two Biden administration Covid vaccine mandates by kansface on Wednesday December 01, 2021 @11:22AM (#29405408)
Bodily autonomy is perhaps the central tenant of liberty. There is plenty of room to be for vaccines and against (federal) mandates.
Re:Courts block two Biden administration Covid vaccine mandates by javagram on Wednesday December 01, 2021 @11:54AM (#29405941)
Why reference federal mandates if your argument is bodily autonomy? That would equally apply to state and corporate mandates.
Re:Courts block two Biden administration Covid vaccine mandates by kansface on Wednesday December 01, 2021 @11:59AM (#29406040)
People have remedy of sorts in the case of a functioning local market. If some employer requires you to get vaccines and you aren't in to that, you can work somewhere else. If a state has requirements you don't like, you could potentially leave that state. Its different when its the federal government giving the mandate and it covers the entirety of your industry.
Re:Courts block two Biden administration Covid vaccine mandates by bingohbangoh on Wednesday December 01, 2021 @11:23AM (#29405425)
Ok, then CMS or OSHA.

My point still stands. Vaccine enforcement and mandates was not even considered as under their purview. It's quite hair-splitting to say "there's nothing that says they _can't start enforcing vaccine mandates_."

Re:Courts block two Biden administration Covid vaccine mandates by javagram on Wednesday December 01, 2021 @11:52AM (#29405915)
“Vaccine enforcement and mandates was not even considered as under their purview.”

Even if the law as written allowed it? Since the OSHA act and Social security acts that give OSHA and CMS regulatory authority passed, the USA has never faced a deadly virus pandemic that could be combated with a vaccine.

If Congress specifically wrote the law to allow flexibility for new situations it doesn’t make sense to me to argue that because the situation didn’t arise in the 20th century that the authority and law has lost its power.

Re:Courts block two Biden administration Covid vaccine mandates by bingohbangoh on Wednesday December 01, 2021 @02:40PM (#29408193)
Right, that's my point -- this is unprecedented and thus falls under "Congress needs to allow these agencies to do this" _not_ "these agencies can do this by default."
Re:Courts block two Biden administration Covid vaccine mandates by javagram on Wednesday December 01, 2021 @09:39PM (#29411868)
Even though Congress already wrote a law that gave the agencies authority to do unprecedented actions?

What I'm not seeing is engagement with the actual text of the statutes that Congress already wrote and put on the books. For instance, the OSHA Act specifically gave OSHA power to regulate "new hazards".

https://www.govinfo.gov/content/pkg/USCODE-2019-title29/html... "1) The Secretary shall provide, without regard to the requirements of chapter 5 of title 5, for an emergency temporary standard to take immediate effect upon publication in the Federal Register if he determines (A) that employees are exposed to grave danger from exposure to substances or agents determined to be toxic or physically harmful or from new hazards, and (B) that such emergency standard is necessary to protect employees from such danger."

Similarly the Social Security act already gave broad power to issue regulations. https://www.law.cornell.edu/uscode/text/42/1395hh# "such regulations as may be necessary to carry out the administration of the insurance programs under this subchapter" "No rule, requirement, or other statement of policy (other than a national coverage determination) that establishes or changes a substantive legal standard governing the scope of benefits, the payment for services, or the eligibility of individuals, entities, or organizations to furnish or receive services or benefits under this subchapter shall take effect unless it is promulgated by the Secretary by regulation under paragraph (1)."

the Act clearly envisions the secretary having authority to change standards for benefits, payment for services, and eligibility. There's no limitation saying that eligibility criteria can be based on other safety measures, but not vaccines.

EDIT: and SCOTUS precedent interpreting this language in the past was clear about the scope of authority it gave. See page 34 of the PDF here https://drive.google.com/file/d/1dGiMcVAxfziaoecQtd40-nERZr_...

Re:Courts block two Biden administration Covid vaccine mandates by bingohbangoh on Thursday December 02, 2021 @06:42AM (#29414948)
Literally any power can be constituted as appropriate under such a broad interpretation. At that point, why have congress at all?
Re:Courts block two Biden administration Covid vaccine mandates by javagram on Thursday December 02, 2021 @01:13PM (#29420017)
Not really, for instance courts did examine the CDC eviction mandate and found it was overreaching the language of the law and voided it. I agree with that as the law provided examples of the power it was giving and the eviction mandate clearly didn’t fit with the others (fumigation, quarantine of positive cases, etc).

A mandate for vaccinating healthcare seems a lot closer to existing regulations that the law was designed to allow. It’s clearly a health and safety regulation just like the dozens of previous health regulations regulating quarantine, mask wearing, sanitation, safe handling of items, etc.

The reason congress doesn’t reserve this power is because in our system congress can’t react quickly or sometimes at all. It has to pass laws giving up this type of authority to the executive branch because it knows its own processes don’t work quickly or efficiently enough.

Congress did give itself instead the authority to veto regulations it doesn’t like, using the Congressional Review Act. It used to give itself even stronger authority using the one-house legislative veto, but the Supreme Court struck that down. < https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article...>

Re:Courts block two Biden administration Covid vaccine mandates by roamerz on Wednesday December 01, 2021 @09:53AM (#29404145)
Except this isn’t about almost anything else. This is about control over one’s body.

This is from someone who chose freely to get the vaccine. Even at my own peril I support other’s freedom to choose.

Re:Courts block two Biden administration Covid vaccine mandates by belltaco on Wednesday December 01, 2021 @09:57AM (#29404186)
These are healthcare workers. Jobs have requirements. They're free to quit instead of increasing the dangers of disease for their sick and older patients who are at highest risk for covid. No one is controlling their body any more than making it show up at work in order to get paid. Coal miners are forced to work in dangerous conditions around the world in order to keep their job. Getting a vaccine is far less risk, there have been 8 billion plus vaccine doses given against covid around the world.
Re:Courts block two Biden administration Covid vaccine mandates by gopalv on Wednesday December 01, 2021 @10:19AM (#29404467)
> Jobs have requirements

Most of the argument is whether this requirement is in the "employee must wash hands before surgery" category, which is about the patients' right to be safe not the employee's (in theory the patients didn't "choose" to be there).

The people complaining are reacting as if the ruling sounds like "male high school teachers get vasectomies, to keep teenage pregnancies down", because the effects are "permanent, * upto six months" and directly to your body without it being an on-the-job requirement.

The part that makes me leery is that these sort of "are your vaccines upto-date" checklists have always existed, but this time it is controversial (or maybe it was for MMR - but it wasn't news).

Re:Courts block two Biden administration Covid vaccine mandates by odessacubbage on Wednesday December 01, 2021 @11:23AM (#29405432)
>checklists have always existed

this is also the first time where the vaccine industry and the broader public health space have been put under this kind of scrutiny and the combination of politicization, outright lies and deception over masks and policy in both directions and the overall visibility of the sausage making process happens to be occurring alongside a decline of trust in institutional expertise. when most people got their tetanus shots, the faces of the medical profession were not acting as explicitly political agents.

Re:Courts block two Biden administration Covid vaccine mandates by kelnos on Wednesday December 01, 2021 @11:57AM (#29406002)
I don't think you can argue that it's the medical profession's fault that this issue has become politicized without acknowledging that the GOP deserves most of the blame here.

Nearly every common-sense measure implemented during this pandemic has been derided by the right as some sort of unacceptable infringement on individual rights.

Not saying those in power have gotten it all right 100% of the time; I'm especially disappointed with the mask fiasco you mention, but... c'mon. Doctors are not acting as "political agents" in the vast majority of situations that have caused the US's pandemic response to be as lacking as it's been.

Re:Courts block two Biden administration Covid vaccine mandates by oceanplexian on Wednesday December 01, 2021 @12:37PM (#29406654)
> Nearly every common-sense measure implemented during this pandemic has been derided by the right as some sort of unacceptable infringement on individual rights.

It's not common sense if a plurality of people don't agree with it. Denying children in-person schooling for a year wasn't "common sense", cancelling elective procedures like cancer screenings wasn't "common sense", forcing people to wear masks outdoors wasn't "common sense", and so on. Lots of people were denied rights in these cases and would consider those measures unacceptable.

Re:Courts block two Biden administration Covid vaccine mandates by cmh89 on Wednesday December 01, 2021 @01:43PM (#29407480)
It's common-sense in that the large majority of medical professionals agree that those measures are a good idea. Those ideas are non-controversial amongst experts.
Re:Courts block two Biden administration Covid vaccine mandates by odessacubbage on Wednesday December 01, 2021 @12:23PM (#29406433)
frankly there is plenty of blame to go around among partisans starting with the complete and total looting of our pandemic response capabilities that occurred during the obama years or the bipartisan offshoring of nearly all our capacity to produce medical supplies and allowing consolidation to make hospitals utterly brittle in the face of a crisis. the lies and poor decisions are numerous enough from all sides that it really is not interesting to play the blame game about who is worse, residents of either team will always believe their lies were noble and mistakes justified while the 'other' is the source of all the real problems. the end result is the same, efficacy and legitimacy of administrators has cratered and i cannot honestly blame anyone who does not trust these institutions to act in good faith anymore.
Re:Courts block two Biden administration Covid vaccine mandates by loudtieblahblah on Wednesday December 01, 2021 @10:05AM (#29404283)
so you'd be cool with employers banning employees who get an abortion.

something, something, consequences.

Re:Courts block two Biden administration Covid vaccine mandates by dang on Thursday December 02, 2021 @09:15PM (#29425857)
Would you please stop posting flamewar comments and otherwise breaking the site guidelines? You've unfortunately done it a lot lately. We ban that sort of account because it destroys what this site is supposed to be for.

If you'd please review https://news.ycombinator.com/newsguidelines.html and stick to the rules when posting here, we'd appreciate it.

Re:Courts block two Biden administration Covid vaccine mandates by tfehring on Wednesday December 01, 2021 @10:11AM (#29404364)
If having had an abortion materially negatively impacted a healthcare worker's ability to safely provide healthcare to a sick person, then yes, that should probably be grounds for disallowing those people from working as healthcare practitioners. Thankfully that's not the case.
Re:Courts block two Biden administration Covid vaccine mandates by joshuamorton on Wednesday December 01, 2021 @10:15AM (#29404414)
That's actually quite likely legal already.

If expect there are certain Catholic organizations who would fire you if you admitted to having had an abortion.

Re:Courts block two Biden administration Covid vaccine mandates by shadowgovt on Wednesday December 01, 2021 @10:18AM (#29404465)
Your intuition is correct (in that there's no over-arching precedent or Constitutionally-derived right that makes it illegal), but it's specifically banned under Title VII of the Civil Rights Act as per a 1978 law modifying the act. https://www.eeoc.gov/statutes/pregnancy-discrimination-act-1...

... Which goes to the court ruling that's the topic of the article: Congress has the power to decide these issues.

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Re:Courts block two Biden administration Covid vaccine mandates by loudtieblahblah on Wednesday December 01, 2021 @10:30AM (#29404656)
does being vaccinated stop you from spreading it to your co-workers?

what about all the WFH people mandated into vaccines? how does it impact that employer?

Re:Courts block two Biden administration Covid vaccine mandates by tfehring on Wednesday December 01, 2021 @10:51AM (#29404919)
> does being vaccinated stop you from spreading it to your co-workers?

It significantly reduces the likelihood that you spread it to your coworkers (and, perhaps more importantly, to the old and sick people that healthcare workers tend to serve). https://www.medrxiv.org/content/10.1101/2021.09.28.21264260v...

> what about all the WFH people mandated into vaccines? how does it impact that employer?

Obviously vaccine requirements for remote workers don't make a ton of sense in principle, but in practice I worry that an exemption for remote employees would result in a lot of people getting mis-coded (intentionally or otherwise) as remote and ultimately showing up at work unvaccinated and putting vulnerable people at risk.

Re:Courts block two Biden administration Covid vaccine mandates by pseudalopex on Wednesday December 01, 2021 @10:47AM (#29404879)
> does being vaccinated stop you from spreading it to your co-workers?

To a significant degree.

> what about all the WFH people mandated into vaccines?

This case wasn't about them.

Re:Courts block two Biden administration Covid vaccine mandates by AnimalMuppet on Wednesday December 01, 2021 @11:37AM (#29405633)
How about if it's the 1960s, and you're a flight attendant, and "being sexy" is semi-officially part of your job. And your job is requiring you to get an abortion (which is still illegal in the US, and so you're going to have to go to Sweden to get it). And if you won't, well, nobody's making you - you can get a different job.

This is, as far as I can see, the most directly analogous situation. Those who support vaccine mandates, how do you feel about this situation? (And note that this was just an "unofficial" employee mandate - there was no government entity involved.)

Re:Courts block two Biden administration Covid vaccine mandates by tfehring on Wednesday December 01, 2021 @02:45PM (#29408248)
Pregnancy was explicitly added as a protected characteristic under the Civil Rights Act in 1978. Government has a bona fide interest in preventing conduct that could discourage people from becoming pregnant. It has no interest in encouraging people to remain unvaccinated against deadly communicable diseases, and in fact it has an interest in exactly the opposite of that. Accordingly, unvaccinated people aren’t a protected class, nor should they be.

Also, this is a minor point but illegal abortions are many orders of magnitude more risky than COVID vaccines.

I strongly oppose broad-reaching government-imposed vaccine mandates, but I strongly support a vaccine mandate for healthcare workers specifically. The US government has already taken on the responsibility for setting employment eligibility standards for healthcare workers, and it makes sense for being vaccinated to be one of those criteria.

Re:Courts block two Biden administration Covid vaccine mandates by kelnos on Wednesday December 01, 2021 @12:00PM (#29406057)
If you truly believe that these situations are comparable, I don't think I could expect you to engage in good-faith discussion.
Re:Courts block two Biden administration Covid vaccine mandates by AnimalMuppet on Wednesday December 01, 2021 @01:32PM (#29407327)
That's a handy way for you to dismiss the point, while completely refusing to engage with it. But that's OK. You can expect whatever you expect.

I think the two situations are comparable in some ways, and not in others. The "have to do something medical in order to keep your job" part is one of the ways it's comparable. The "bodily autonomy" is another. It's different in that it's not a government mandate. It's different in how it affects others.

So: Did you actually want to engage, or did you just want to give a plausible dismissal?

Re:Courts block two Biden administration Covid vaccine mandates by clukic on Wednesday December 01, 2021 @10:40AM (#29404795)
Does that mean you support a rollback of all vaccine requirements? For example the MMR, TDap, HepB, polio, chicken pox vaccines required for school children? Or the numerous vaccines required for military personal?

And would you be comfortable having a pediatrician who wasn't inoculated for diphtheria knowing that an infection could be fatal for your baby?

Re:Courts block two Biden administration Covid vaccine mandates by kiba on Wednesday December 01, 2021 @09:59AM (#29404219)
Your freedom to control over one's body ends when it comes to the safety and health of other people's bodies. That's why herd immunity is a thing.
Re:Courts block two Biden administration Covid vaccine mandates by JavaBatman on Wednesday December 01, 2021 @10:34AM (#29404698)
There is no right to not receive another's germs. If we take your argument to its logical conclusion, then the flu vaccine would be mandated. But it's not. So if you say that Covid is different, then what is your threshold or cut-off for when a medical procedure should be mandated?
Re:Courts block two Biden administration Covid vaccine mandates by kiba on Wednesday December 01, 2021 @02:38PM (#29408169)
There is no right to not receive another's germs. If we take your argument to its logical conclusion, then the flu vaccine would be mandated. But it's not. So if you say that Covid is different, then what is your threshold or cut-off for when a medical procedure should be mandated?

Why not? if the cost & benefit ratio is worth it, maybe we should. The same for any other diseases you can think of. If the answer is yes, then there are no reason for any of us to refuse unless we have good excuses.

Re:Courts block two Biden administration Covid vaccine mandates by aixi on Wednesday December 01, 2021 @11:36AM (#29405616)
>There is no right to not receive another's germs

Intentionally coughing on someone is a prosecutable crime in many parts of the world --- What do you think makes it a crime?

Re:Courts block two Biden administration Covid vaccine mandates by JavaBatman on Wednesday December 01, 2021 @11:48AM (#29405848)
You are smart enough to know that intentionally coughing on someone is not what I meant.
Re:Courts block two Biden administration Covid vaccine mandates by jtbayly on Wednesday December 01, 2021 @10:27AM (#29404606)
Tell me again what percent of people need to be immune before we get to herd immunity?
Re:Courts block two Biden administration Covid vaccine mandates by SuoDuanDao on Wednesday December 01, 2021 @10:39AM (#29404777)
Identical arguments are made around abortion. Or mandatory organ/blood donations. Actually, nobody argues for mandatory blood donations because we can all tell that would be icky.
Re:Courts block two Biden administration Covid vaccine mandates by tiahura on Wednesday December 01, 2021 @10:14AM (#29404390)
“herd immunity is a thing.”

It is? By Easter right? With what other coronavirus have we ever reached herd immunity?

Re:Courts block two Biden administration Covid vaccine mandates by NoPie on Wednesday December 01, 2021 @10:39AM (#29404775)
Not in the case of current covid vaccines and variants.
Re:Courts block two Biden administration Covid vaccine mandates by Chris2048 on Wednesday December 01, 2021 @10:35AM (#29404717)
> safety and health of other people's bodies

Does that not include the unborn?

Re:Courts block two Biden administration Covid vaccine mandates by crisdux on Wednesday December 01, 2021 @10:15AM (#29404417)
The case for that line of reasoning is extremely weak given that vaccines provide dramatically low protection against infection and vaccinated people also infect others at high rates.
Re:Courts block two Biden administration Covid vaccine mandates by BurningFrog on Wednesday December 01, 2021 @10:10AM (#29404348)
If that's true, how come several federal judges have come to the opposite conclusion in their rulings?
Re:Courts block two Biden administration Covid vaccine mandates by kelnos on Wednesday December 01, 2021 @12:04PM (#29406117)
I can only assume they're allowing their personal politics to get in the way of making a sound legal decision.
Re:Courts block two Biden administration Covid vaccine mandates by golemotron on Wednesday December 01, 2021 @09:47AM (#29404073)
That's the key problem with the US now. Elected representatives are allowed to delegate law making. It breaks the line of accountability. It makes contentious issues worse.
Re:Courts block two Biden administration Covid vaccine mandates by runako on Wednesday December 01, 2021 @10:45AM (#29404852)
> the key problem with the US now. Elected representatives are allowed to delegate law making.

Congress does not delegate lawmaking, Congress delegates the execution of its powers to the Executive branch. This is how the country has functioned since the beginning, for it would be impractical for it to work otherwise.

Say more: delegation will happen at some level, by definition. In military matters, every step or shot a soldier takes is a decision that has been delegated through a chain of command from Congress. Since Congress is not ever going to be in a position to execute every decision for every individual over which Congress has power, Congress inevitably will delegate the execution of its powers. It has always been this way, and will be this way as long as we have a republic.

Re:Courts block two Biden administration Covid vaccine mandates by golemotron on Wednesday December 01, 2021 @10:55AM (#29404991)
> Congress delegates the execution of its powers to the Executive branch

That's the Constitution, not Congress. Regulation, as well, is not execution. Thomas's concurrence on Whitman v. American Trucking Ass’ns signals where things might go.

Re:Courts block two Biden administration Covid vaccine mandates by runako on Wednesday December 01, 2021 @11:28AM (#29405494)
> Regulation, as well, is not execution.

This is an opinion that was not widely held for most of the last 100 years or so.

> Thomas's concurrence on Whitman v. American Trucking Ass’ns signals where things might go.

Definitely agree that our legal regime looks headed for major changes. I consider it likely that SCOTUS will reverse itself on a set of major principles, creating uncertainty for citizens and businesses until a new equilibrium is reached.

Re:Courts block two Biden administration Covid vaccine mandates by handrous on Wednesday December 01, 2021 @04:14PM (#29409218)
I'd say the key problem is that our electoral system and the structure of our government are broken in a few very serious ways, most of which are nearly impossible to fix, in no small part because fixing most of them would require at least one of our two major political parties to be OK with voting themselves into a weaker position (since some of the most important problems cause there to be only two viable parties at a time and fixing them would weaken the position of both those parties), or else they'd require a constitutional amendment, which is even less likely.

Most of our other problems are a consequence of that.