WASHINGTON — As two high-profile cases are before the Supreme Court, the liberal justices are approaching their questioning not from a basis of law, but rather one of public arguments.
In arguments over CMS rulings and regulations, the liberal justices stated that the vaccines were more important because they could prevent the vaccine.
Justices provided examples that were much different from the current COVID pandemic, arguing that the vaccines would help protect those who may get sick from COVID if the vaccines were not mandated. But that argument is not based on fact, but rather an opinion.
So far, COVID vaccines have proven ineffective at preventing the spread of COVID as the Justices seemed to indicate. Breakthrough cases are becoming the norm with the current Omicron variant.
Justices used the regulation of wearing gloves as an argument about vaccines. They claim that because the use of gloves are required in clinics, why can the vaccines not be mandated.
In later questioning by Kavanaugh, it was argued that gloves and masks can come off, but vaccines are forever.
The arguments are being made over whether CMS, the federal agency with oversight of healthcare groups, has the authority to implement vaccine mandates. CMS has to operate within the guidelines given to it by Congress, but groups opposing the mandate argue that vaccine mandates go well beyond their authority.
Arguments continued as the Justices questioned the reach of the federal ruling. Liberal justices continued to argue that if the federal government wants to purchase services and mandate vaccines for the services they receive, then they have that ability.
Justice Brett Kavanaugh commented how unique the situation appeared to be in that the groups being regulated were not present arguing against the regulation. He argued that hospitals seem to support the regulation from CMS, but they were not present arguing against the regulation. Justice Thomas also commented on this element in his questioning.
The two vaccine mandates are both before the Supreme Court today as the court will determine the fate of Biden’s decrees that will affect over 80 million Americans.
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