The OSHA mandate may be dead, but federal power over health care is very much alive

Jan. 13, 2022, Fairfax, Va.—Americans for Limited Government President Rick Manning today issued the following statement praising in part the Supreme Court’s decision to leave an injunction in place on the OSHA vaccine mandates, but blasting its decision to allow similar mandates against health care workers to be enforced:

“The Supreme Court is right to stop the Biden OSHA vaccine mandate that would have potentially thrown millions of Americans out of work. The Commerce Clause of the U.S. Constitution is not a blank check for the federal government to regulate every aspect of Americans’ lives and it is a relief that the Supreme Court is recognizing that fact.

“On the other hand, it is disappointing that the Court ruled that hospital and other health care systems that take Medicare and Medicaid are subject to intrusive federal regulations that impact their ability to provide health services at a time when when have a health care labor crisis. By forcing doctors, nurses, social workers and other health care personnel to comply with a federal vaccine mandate, the Court is treating those workers as second class citizens by virtue of the important role they are playing in the pandemic. What’s more, Justice Elena Kagan’s comments that if you’re funded by the federal government, you should be controlled by the federal government, should galvanize efforts of Congress to remove Obamacare root and branch.

“President Biden has the power of the bully pulpit and can seek to lead using it. Instead, Biden attempted to strong arm the American people into compliance, wasting valuable months in a pandemic and using the overbearing power of the administrative state, all of which is a cautionary tale of why the fight for limited government is more important now than ever.  The OSHA mandate may be dead, but federal power over health care is very much alive.”

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