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The Federal Contractor Vaccine Mandate Is Unlawful, Too
In the News
Any statute in a storm appears to be the Biden administration’s approach to imposing a vaccine mandate. The Procurement Act of 1949 was created “to provide the Federal Government with an economical and efficient system for” procurement. Like the OSHA statute that the U.S. Supreme Court just held does not authorize a nationwide vaccine-or-test mandate,…
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Mandates Are About Political Control, Not Health
In the News
For two years, the political class’s ineptitude has been on full display. School shutdowns, business closures, and endless mask mandates have all proven relatively ineffective at stemming the spread of COVID-19 (never mind reducing hospitalizations and deaths), yet politicians continued instituting these harmful and useless measures in a desperate attempt to be perceived as doing…
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Before Judging Vaccines, the Court Should Judge Itself
In the News
The Biden administration has imposed COVID-19 vaccinations on all healthcare workers at Medicare and Medicaid participating facilities as a condition of federal funding. When this condition came before the Supreme Court last Friday in Biden v. Missouri, the justices aptly inquired whether it departed from the Constitution. But they should have also considered their own departures from the Constitution. They then…
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The NLRA Does Not Authorize Everyone on Twitter to Call the Labor Police
When Vox Media employees walked out during a bargaining dispute in 2019, Twitter users tweeted along.[2] Among the commentators was Ben Domenech, the publisher of the web magazine The Federalist. He tweeted from his personal account, “FYI @fdrlst first one of you tries to unionize I swear I’ll send you back to the salt mine.”[3]…
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Federal Contractors Are Not Federal Vaccine Mandate Enforcers
John J. Vecchionecategory_listCovid-19 Articles
“When all you have is a hammer every problem looks like a nail” as the old saying goes. For the Federal Government, there appears to be no statute the Office of Legal Counsel can find that does not allow it to hammer a vaccine mandate on the populace upon threat of loss of their livelihood.…
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Of Walpoles in Buicks: Do Courts Owe a Reciprocal Duty of Candor?
Peggy Little
“Every case lays down a rule, the rule of the case…But a later court can reexamine the case…In the extreme form this results in what is known as expressly ‘confining the case to its particular facts.’ This rule holds only of redhead walpoles in pale magenta Buick cars. And when you find this said…
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