The Supreme Court sent shockwaves across the county this week when it ruled on several of Biden’s infamous mandates. The court scored a win for free Americans when it shot down Biden’s mandate on private businesses.
But in a shocking turnaround, Justices Kavanaugh and Roberts joined with the liberal wing to uphold Biden’s mandate on health care workers.
In Biden v. Missouri, which concerns a vaccine mandate for healthcare employees at Medicare and Medicaid-certified facilities, the justices were split 5-4.
The rule applies to any health care facility that uses government-funded coverage like Medicare or Medicaid. Employees will be forced to comply or lose their jobs. Not all of the justices agreed with this ruling. And iconic conservative, Justice Clarence Thomas, unloaded a powerful dissent.
“Here, the omnibus rule compels millions of healthcare workers to undergo an unwanted medical procedure that ‘cannot be removed at the end of the shift,’ […]
“These cases are not about the efficacy or importance of COVID–19 vaccines. They are only about whether CMS has the statutory authority to force healthcare workers, by coercing their employers, to undergo a medical procedure they do not want and cannot undo. Because the Government has not made a strong showing that Congress gave CMS that broad authority, I would deny the stays pending appeal. I respectfully dissent.”
Justice Thomas blasted the government for “coercing” employers to force their workers to receive a procedure “they do not want and cannot undo.” By pointing to law and other rulings, Thomas made the case that the government has no business in controlling how these employers operate.
He even made it clear that Congress never gave the Centers for Medicare and Medicaid such “broad authority.”
Thomas’ stern dissent was joined by conservative justices, Samuel Alito and two of Trump’s appointees, Neil Gorsuch and Amy Coney Barrett. Chief Justice Roberts, a Bush appointee who is now considered a “swing vote,” turned against the conservative wing to vote in favor of the mandate.
Even more shocking is that Brett Kavanaugh, Trump’s second appointee, also voted to uphold this rule.
Thomas appeared deeply concerned that the government was seeking “virtually unlimited vaccination power” over millions of Americans. We’ve written about how Biden’s mandates go beyond the current crisis.
If he gets away with these sweeping rules, it can open the door to future presidents making larger demands against our liberties. It seems Thomas is touching on this concern in his dissent.
The silver lining is that this is a temporary measure. It is possible future rulings from lower courts (or the SCOTUS itself) could eventually overturn Biden’s mandate on health care workers. The fallout of this decision, however, could be devastating. Similar mandates in New York State have led to thousands of workers leaving the medical field.
What will happen in the rest of the country if Biden’s rule stands?