I worked on changing CMS regulation once and 80% of the time was spent proving CMS had the authority to do so.
Not surprised by this ruling at all.
Courts block two Biden administration Covid vaccine mandates
171–180 of 402 posts
Re: Courts block two Biden administration Covid vaccine mandates
#172Mandates are probably not going to work but what would work is denying insurance claims. If someone ends up in a hospital occupying an ICU bed for an illness that could have been prevented by a vaccine widely and freely available then insurance companies (and medicare) should refuse to pay thousands of dollars for their treatment. It was their choice not to use preventative care available.
Obesity is preventable in 95+% of cases, maybe insurance companies should deny coverage to ~40% of the US?
Smokers pay higher life insurance premiums, right? Risk-adjusted health insurance premiums for preventable lifestyle issues is a great idea.
Couple the above with with a ban on advertising pharmaceuticals and we would see a 50% reduction in per capita health care spend almost overnight.
Re: Courts block two Biden administration Covid vaccine mandates
#173Earlier quoted context omitted.
> Banning health care providers from abortion would be unconstitutional. Forcing care workers to take a medicine against their will is constitutional you say? All medical procedures should be voluntary, or we go back to the times of lobotomy and forced sterilizations of minorities (and that's not as many decades back as you may think). > Government can and has jailed and/or fined people for not getting a vaccine. Thi…
Greater good of society out weighs people's individual rights. These are basic constitutional tenets. Why you can't yell fire in a crowded theater even though you have the right to free speech. Why the SCOTUS has ruled vaccine mandates are constitutional.
"Greater good" has been the justification for the worst atrocities committed in history.
Be careful about so willingly giving up your right to self-ownership.
You may not ever get it back.
Re: Courts block two Biden administration Covid vaccine mandates
#174This is a temporary injunction not a ruling on the merits. Just like Democratic judges doing this to Trump, it's far more likely to be influenced by politics of the particular Judge or Court of Appeals that any meaningful statement of the law (which it is not).
1. Judges are not supposed to be partisan
2. I'm not aware of any similar cases being brought under the Trump administration.
Re: Courts block two Biden administration Covid vaccine mandates
#175Whilst thousands of healthcare workers in the US —- those who are supposed to be proponents of public health measures and rational, scientific thinking - refuse to get vaccinated, ultimately resulting in stockpiles of vaccines getting destroyed … people in third world countries cannot get adequate access to vaccines. This is madness.
This is my biggest worry as well, what are people who clearly do not believe in medical science doing working in a medical capacity?
Are these people performing treatments on patients that they do not believe work?
The mind boggles.
Re: Courts block two Biden administration Covid vaccine mandates
#176Mandates are probably not going to work but what would work is denying insurance claims. If someone ends up in a hospital occupying an ICU bed for an illness that could have been prevented by a vaccine widely and freely available then insurance companies (and medicare) should refuse to pay thousands of dollars for their treatment. It was their choice not to use preventative care available.
Obesity is preventable in 95+% of cases, maybe insurance companies should deny coverage to ~40% of the US?
Obesity is much harder to prevent than going to the pharmacy and getting a free shot (and going back a month later and doing it again). Comparing easy to hard doesn’t make sense.
I’m all for the libertarian solution here: just charge people who refuse to get vaxxed more in premiums to fund their future more expensive Covid treatments. It should not be considered a preexisting condition. This would extend to group plans, except since the risk is all pooled, it would have to be for workplaces that don't mandate the vaccine. And areas of the country that have low vaccination rates should necessarily have higher insurance rates given that vaccines require mass adoption to be effective.
Re: Courts block two Biden administration Covid vaccine mandates
#177Earlier quoted context omitted.
> Banning health care providers from abortion would be unconstitutional. Forcing care workers to take a medicine against their will is constitutional you say? All medical procedures should be voluntary, or we go back to the times of lobotomy and forced sterilizations of minorities (and that's not as many decades back as you may think). > Government can and has jailed and/or fined people for not getting a vaccine. Thi…
> Forcing care workers to take a medicine against their will is constitutional you say? They are not forced to take the medicine. They are given an choice to take the vaccine or find another job. If they refused to take the vaccine, that is their choice, period. They cannot claimed they are being forced because they are given an choice in the first place. They are given a free will with their decision. Thousands of T…
This is an incredibly weak argument and the courts have already ruled similar issues.
The government can’t violate your right to free speech. They also can’t “ask” a private company to censor you as it effectively the same thing.
Telling someone “its your choice but if you don’t do it you’ll lose your livelihood” is not a choice at all.
Re: Courts block two Biden administration Covid vaccine mandates
#178> Doughty said the CMS lacked the authority to issue a vaccine mandate that would require more than 2 million unvaccinated healthcare workers to get a coronavirus shot. > "There is no question that mandating a vaccine to 10.3 million healthcare workers is something that should be done by Congress, not a government agency," wrote Doughty. That's a good point. You can agree that its within the federal authority to mand…
> that I have never heard of until now and whose head is appointed by one person.
Odd, the fact that you have never heard about the CMS has no bearing on whether it has the authority to issue a vaccine mandate
Re: Courts block two Biden administration Covid vaccine mandates
#179Earlier quoted context omitted.
> Banning health care providers from abortion would be unconstitutional. Forcing care workers to take a medicine against their will is constitutional you say? All medical procedures should be voluntary, or we go back to the times of lobotomy and forced sterilizations of minorities (and that's not as many decades back as you may think). > Government can and has jailed and/or fined people for not getting a vaccine. Thi…
Greater good of society out weighs people's individual rights. These are basic constitutional tenets. Why you can't yell fire in a crowded theater even though you have the right to free speech. Why the SCOTUS has ruled vaccine mandates are constitutional.
You actually can yell fire in a crowded theatre and no, the the US doesn’t automatically weigh the “greater good” over individual rights.
Re: Courts block two Biden administration Covid vaccine mandates
#180Whilst thousands of healthcare workers in the US —- those who are supposed to be proponents of public health measures and rational, scientific thinking - refuse to get vaccinated, ultimately resulting in stockpiles of vaccines getting destroyed … people in third world countries cannot get adequate access to vaccines. This is madness.
> Whilst thousands of healthcare workers in the US —- those who are supposed to be proponents of public health measures and rational, scientific thinking - refuse to get vaccinated [...] These people were considered heroes last year (and overwhelmingly exposed to this virus while everyone else stayed at home). Now their judgment is in question because they won't follow the herd, with all of their medical experience/e…
If they infect their patients or die from a preventable cause from their patients they are not heroes, they're just dumb.