This should not need repeating, as a preliminary matter (but the usual Tangerine nut-jobs are already claiming the opposite): of course, the constitutional basis for mandated / US employer vaccines or tests. . . is directly enumerated as a power of the Executive Branch, after Congress passed (for "the general welfare") 42 U.S. Code § 247d(a)(2), also known as § 319 of the federal Public Health Service Act, which allows the Department of Health and Human Services or the Centers for Disease Control and Prevention (i.e., a part of the Executive Branch) to take necessary measures “to prevent the introduction, transmission, or spread of communicable diseases from foreign countries into the States or possessions, or from one State or possession into any other State or possession. . . .”
In this regard, we note that SCOTUS Justice Barrett (a Tangerine suggestion) just last month denied an emergency attempt to stop Indiana University (on what purported to be religious grounds) from mandating student vaccinations. Seems as though the most conservative wing of the Supremes presently disagrees with Hinderaker: this mandate will stand. And there is this 1922 case, already decided by the Supremes, directly refuting Hinderaker's thesis.
Now, to the main point -- John thinks it is each person's choice over their bodily autonomy -- as a "penumbral" liberty interest -- to get or not get the jab.
But he thinks adult women, only six weeks pregnant (only in Texas, though -- at the moment). . . cannot make decisions for themselves. They have no penumbral liberty interest in the autonomy of their own bodies, as soon as any given zygote shows signs of fluid circulating through it. That is, it is a mass of cells -- not a human mind -- in any rational understanding of current human biology.
And then there is the fact that the Supremes already decided that precise case (called Roe v. Wade), and drew the line for any regulation of a woman's right to choose as being NO SOONER than the start of the SECOND trimester -- at any moment after 90 days of pregnancy, not -- not -- NOT 16 days (after a missed cycle).
Here endeth the lesson. Hinderaker will lose on the Texas 16 days nonsense (as Merrick Garland has now filed a case in Austin), and on the Biden vaccines argument -- as above.
Cheers.
नमस्ते
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