Texas Bans All Vaccine Mandates!

a reply to: TamtammyMacx

Would that be those extended unemployment benefits? Good for Iowa!

Mmmm... love the smell of irony in the morning!

TheRedneck

a reply to: TheRedneck

And now you disagree with your previous statement.

No. I disagree with your statement, where you said that SCOTUS" refusal to hear the case about Maine's health care workers religious objections show that SCOTUS thinks that vaccines are PURELY the states purview. The Federal Government already mandates vaccines for the military. What we will find out is if the Federal Government can mandate vaccines, through a presidential EO, for its federal contractors during a national health emergency.

You've been given the precedents, you've been quoted the US Constitution...

This isn't about me. This is about Texas corporations with federal contracts, and their high powered lawyers who have also read the Constitution, ignoring Governor Abbotts ban on vaccine mandates over Biden's vaccine mandates. It's about Texas making the first move by suing the Biden administration over their federal contractors vaccine mandates.

a reply to: TheRedneck

I think Texas should take a new tactic and do a Governor EO that proclaims all residents of Texas free from Federal Taxation. Not income, not gasoline, not inheritance, etc. just to see how that goes over.

President's EO only applies to the federal government. Nothing else. When Obama tried to prevent coal power plants, SCOTUS blocked it because coal power plants don't belong to the federal government.

a reply to: Ahabstar

Well, we know a governor can do an EO that makes them free of Federal law enforcement... so why not?

I'm just waiting for Kay Ivey to take a hint and do something like Abbot's EO. Might just save her skin next year. Not a guarantee of that (she's in big trouble after the lockdowns), but you never know.

TheRedneck

a reply to: TheRedneck

No, state law cannot supersede federal law

a reply to: jimmyx

Not supposed to be able to, but what about refusing to cooperate with ICE? Isn't that "state law superseding Federal law"?

And this isn't even a Federal law we're talking about... it's an EO (and an illegal EO at that since states have the sole government power over medical procedures).

TheRedneck

originally posted by: jimmyx
a reply to: TheRedneck

No, state law cannot supersede federal law

EO only applies to the federal government, not the entire country. Obama made an EO to shut down coal power plants. SCOTUS blocked it because coal power plants do not belong to the federal government.

I have heard the threat of people loosing unemployment and pension if they refuse the vaccine.

first on the unemployment.

I case could (key word COULD) be made for this action
however, the entity in question would have to JUSTIFY WHY such a mandate for employment is needed.
just because the president made an EO is not an automatic reason.
for a whole host of reasons that have already been stated.
along with the reason for ANY such requirement (be vaccine or not) that is added can be challenged in court (outside of say the military) .
this would be determined how much time, money and legal muscle each side had for the fight.

second on the pension.

now i dont have experience on all pension plans outside of a state worker and LEO pension system.

but my understanding (using both ) you CANNOT (once fully vested and/or reach pension years in service) REMOVE PENSION FOR JUST BEING FIRED.

the reason for the "firing" must be (at least in my two employers) for a SERIOUS CRIME and must be CONVICTED OF SUCH for the removal of pension
along with at times not even that.

in short refusing to take a vaccine DOES NOT QUALITY.

even then one can FIGHT the attempt at pension denial.

hell the threat (for example) against the chicago PD is LAUGHABLE...
most can just announce "im retiring" or even quit before the "firing" happens.
to which they (and mine) they CANT DENY PENSION .

IMO all these "threats" are just a bluff that the government and private companies hope the people do not have the legal and monetary funds to challenge.

there is gonna be (best case for pro vac supporters and biden) a real court mess that they will not be able to steamroll everyone over .

scrounger