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Elections have consequences, and the consequences of the 2016 election were an influx of conservative judges who are now, years later, preventing current President Joe Biden from imposing his draconian vaccine mandates on the American people.
“It’s the bitter fruit of Trump,” Carl Tobias, a University of Richmond law professor who’s frequently cited as an “expert” by the establishment press, lamented in a statement to The Hill.
“This is where you are when Trump appointed almost a third of the federal appellate bench. This is what you’re going to see for some time.”
The report by The Hill is titled, “Trump haunts Biden vaccine mandate in courts.”
Critics of the current president’s draconian vaccine mandates didn’t appreciate the negative framing from The Hill:
Let me fix this for you…
“the latest attack by democrats against OUR Bill of Rights has been blocked by Americans”
Fewer words, more truthful.
You’re welcome. pic.twitter.com/z4kWEWbA3Y
— illegalinvasion please look at RAIR FOUNDATION (@illegalinvasio1) December 5, 2021
US Constitution haunts Biden vaccine mandate in courts. fify
— Peter G. (@PeterNY15) December 5, 2021
So here goes @thehill with its Dem talking points biased “reporting”. This is the “bitter truth” of what you get with Trump appointed judges? Bull shit. How about this is what you get: judges who follow the rule of law and don’t make it up or impose their personal views.
— Mark in Seattle (@ScottishMark53) December 5, 2021
The truth is :
People do not trust the government or the Ministry of Health and consider that this epidemic serves the interests of the ruling party through which they gained power and are still exploiting it.
— Mohammed (@Mohamme09710765) December 5, 2021
Lol… this is reporting?
— Notorious BOB (@NotoriousBob5) December 5, 2021
Note also that the next Republican president will likewise have to contend with the judges who’re currently being appointed by Biden. That’s simply how the system works.
The Hill continues its report by suggesting the judges ruling against the Biden administration are acting as politically motivated partisans.
“I think the health impact is disastrous, and I have no doubt that the judges who have blocked these rules will have caused many deaths,” the site quotes Georgetown University public health law professor Lawrence Gostin as saying.
According to The Hill, Gostin also claims the mandates have “strong legal backing” and argued judges are ruling otherwise because of “the political divisiveness of COVID-19 that has spilled over into the courts.”
Gostin appears to be a left-winger and is presumably a registered Democrat. It’s a common habit of Democrats to claim that all dissenting perspectives are rooted in partisanship or evil.
Despite his own clear-cut partisanship, The Hill also describes him an “expert.”
Tobias meanwhile appears be more of a centrist. Though he’d lamented “the bitter fruit of Trump,” he admitted that he himself is not entirely comfortable with some of the Biden administration’s vaccine mandates.
“I think reasonable judges could differ on both the legal authority and whether the science is there to support what is going on,” he said in defense of the conservative judges ruling against the mandates, adding that the mandate for businesses appears to be “too much.”
Incidentally, West Virginia Sen. Joe Manchin, a Democrat, agrees and has expressed interest in supporting an effort by congressional Democrats to nullify the business mandate.
This of course raises the question of whether Gostin thinks Manchin is also acting out of partisanship.
“I do not support any government vaccine mandate on private businesses. That’s why I have co-sponsored and will strongly support a bill to overturn the federal government vaccine mandate for private businesses” – Senator Joe Manchin (D-WV) 🔥👏 🇺🇸 https://t.co/MSqMwLOKfF
— Christina Pushaw 🐊 (@ChristinaPushaw) December 5, 2021
Also incidentally, a conservative Louisiana judge suggested last week that vaccine mandates should be left in the hands of Congress.
“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,” Judge Terry Doughty wrote last week in a ruling by the U.S. District Court for the Western District of Louisiana that reportedly froze the rule for health workers.
Though he added that “it is not clear that even an Act of Congress mandating a vaccine would be constitutional.”
Doughty’s ruling was one of two that were made last week “when Trump-appointed judges in Missouri and Louisiana issued separate rulings blocking the Biden administration’s mandate for certain healthcare staff to be vaccinated against COVID-19 while court cases play out,” as reported by The Hill.
According to a Newsweek report published at the start of last week, by then the vaccine mandate had already been blocked in 10 states.
“The 10 states sued the Biden administration under the claim that the mandate was unconstitutional. The administration maintains that federal policies supersede state ones. Also, it said that mandates like these are essential to slowing the spread of the virus, especially amid the rise of the new Omicron variant,” according to Newsweek.
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