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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.

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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.

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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)