Courts are pushing back against Biden's abuse of power

 Rob Natelson:

...

...  the federal judiciary is pushing back against the Biden administration’s contempt for liberty, the Constitution, and the rule of law.

On Aug. 26, the Supreme Court decided Alabama Association of Realtors v. Department of Health and Human Services (pdf). The Centers for Disease Control and Prevention (CDC), purportedly relying on a law that authorizes actions such as fumigation and disinfection, sought to re-write every residential lease in the country. The Supreme Court called the CDC’s interpretation of the law a “stretch” and struck down the agency’s order:

“[T]he Government’s read[ing] [of the statute] would give the CDC a breathtaking amount of authority. It is hard to see what measures this interpretation would place outside the CDC’s reach …. This claim of expansive authority … is unprecedented.”

The Administration Doubles Down on Dictatorship

The high court’s decision was a warning to the Biden administration. Yet the administration ignored it and doubled down. “The Big Guy” decided he knew best for the rest of us: Everyone had to be vaccinated. So the administration issued not one, but three vaccination mandates:

  • The Occupational Safety and Health Administration (OSHA) imposed a vaccination diktat on companies with more than 100 employees.
  • The Centers for Medicare & Medicaid Services (CMS) issued a similar decree on health care providers.
  • The Big Guy issued an executive order stating that the government would no longer contract with (or permit subcontracts to) companies with unvaccinated employees.

Just as the CDC had tried to convert a fumigation statute into power over residential leases, OSHA twisted a law directed at immediate job emergencies into a sweeping public health measure. CMS and the president likewise inflated administrative provisions into public health laws.

Each of these mandates purported to override state and local public health regulations.

...

There is much more.

The Biden mandates for vaccinations have been struck down by every court that has a case brought to it.  It is a reminder of one of the original common law causes of actions called quo warranto, which translates from Latin "By what authority" do you take such actions.  It is something most first-year law students learn.  I have the impression that Biden was not a good student in law school and apparently has gathered around him people with similar failings.

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