willtravel
Well-Known Member
Why is this member considered a ghost account by you?I must be bored to debate a ghost account…but here goes
Why is this member considered a ghost account by you?I must be bored to debate a ghost account…but here goes
Because they appear to be yet another account coming around to do little else than argue COVID. Not the first, and unfortunately probably not the last...Why is this member considered a ghost account by you?
Absolutely no one is talking about who has primary agency. We are discussing the short sighted and frankly moronic move by a government to prevent its own appropriate agency from providing scientifically sound guidance, advice and advocacy to teenagers.Who has primary agency over the child? The parent or the physician?
Teens are already being taught D.A.R.E. , STIs, birth control, etc. I think they have the emotional and intellectual intelligence to be given information at least on a vaccination. But we also know how controversial those subjects are as well.Absolutely no one is talking about who has primary agency. We are discussing the short sighted and frankly moronic move by a government to prevent its own appropriate agency from providing scientifically sound guidance, advice and advocacy to teenagers.
Don't know about bribing but to make little ones wear masks , make it fun for them. When they wear a mask the little ones can also wear a cape so they can be a superhero to crush covid!I was told last night by a friend that since the government and employers are bribing / forcing people to be vaccinated, that was proof that they don’t have the health of people in mind.
That’s my guess…Why is this member considered a ghost account by you?
Yes, the shot us free but the administrative costs are not.I just got a statement from my health insurance that the medical center used for my Covid shot charged my insurance. Granted it is only 16.94 and paid in full but did not expect that. I guess that is why they ask for your insurance card. The shot is free but the nurse/facility is not?
I think you’re right about the lack of cultural memory. And it’s not just polio but the whole list of diseases that are just no longer a thing. If nobody you know ever had X then you can go on believing that it is not a serious disease and you are protected because you have really expensive pee.The last generation with widespread paralysis caused by poliomyelitis has now all but died off, so I wonder how much of that cultural memory is now gone. I had a great uncle severely paralyzed by the disease when he was a child. He spent most of his life in a Shriner's home, after spending several years in the hospital. Our visits to him were, to put it mildly, extremely sad affairs. The fact that we're debating "parental rights" over the public health of children is just mind-boggling. Especially when you see how poorly some children are treated by their own parents (I've seen things that should have given me PTSD in my career...)
I was told last night by a friend that since the government and employers are bribing / forcing people to be vaccinated, that was proof that they don’t have the health of people in mind.
Under the CARES act insurers are not allowed to share the cost with customers so they have to cover the full administrative cost. Since there’s no such thing as a free lunch, everyone with insurance will eventually cover those costs through rate increases, but there should be no out of pocket expense for anyone to get the shot.Yes, the shot us free but the administrative costs are not.
I even got a complimentary plastic protector with my CDC card when I got my second Moderna shot.Under the CARES act insurers are not allowed to share the cost with customers so they have to cover the full administrative cost. Since there’s no such thing as a free lunch, everyone with insurance will eventually cover those costs through rate increases, but there should be no out of pocket expense for anyone to get the shot.
Not a "scholar," but a working (well, mostly retired) Supreme Court practitioner. Who also likes Disney.My question is whether there is any precedent for them to even follow. Need some legal scholars to take a break from the news stations and come in here.![]()
Thank you for the most informative post everNot a "scholar," but a working (well, mostly retired) Supreme Court practitioner. Who also likes Disney.They are compatible.
It's actually a very well-written decision, and interesting because it goes into complicated areas like the First Amendment and the dormant commerce clause. And it fits right into the trend both on the Supreme Court and in the lower courts (which I've discussed in other threads) that the deference shown to government officials' decisions early in the pandemic (when the urgency was great, information lacking, and remedies non-existent) has subsided, so the government has to prove its case using specific evidence rather than just speculating about the public interest. See, e.g., Roman Catholic Diocese of Brooklyn v. Cuomo, 141 S. Ct. 63, 592 US __, (2020) (striking lockdown rules where the result was readily-apparent violations of the First Amendment because of a lack of narrow tailoring of the rules).
I may write more later if needed, but for right now, the NCL opinion, without citing it, uses the proper standard of review under Jacobson and the First Amendment cases (see, e.g., Americans for Prosperity Fndtn/Thomas More Legal Center v. Bonta, July 1, 2021), and under that standard finds:
1) Compelling governmental interest: Compelled speech is judged under strict scrutiny except in very limited circumstances (where exacting scrutiny is required). Judge Williams pointed out that the statute was directed at the CONTENT of the compelled speech ("Here's my documentation that I've been vaccinated"). That's pretty much saying the government loses. Florida claimed two governmental interests: protecting medical privacy and protecting the unvaccinated from discrimination. It did not provide any evidence demonstrating its rule protected either one, just like in AFPF/TMLC; and,
2) Narrowly-tailored remedy: Florida blocked the cruise lines from requiring documentation of vaccination but allowed oral statements to the same effect, so they lost the case right there. Judge Williams went on with the narrow tailoring review, but the case was already done. Could they revise the Executive Order and legislative ratification? Sure, but then they'd have to prove their new rule met the same strict scrutiny standard. Can they? Not likely.
As to whether the Supreme Court will uphold this case? Likely won't even take it up, because there's no conflict among the circuits. Now that we're further into the pandemic, we're back to the traditional Supreme Court focus on uniformity of law and jurisprudence across the country, and every court is upholding vaccination mandates under Jacobson. But assuming they thought it was an important enough vehicle to instruct the lower courts yet again about the legal doctrines that control these reviews, if they reversed this one it would confuse the lower courts about Diocese of Brooklyn and other pandemic precedent. So, nothing to do with conservative/libertarian/liberal Court (we don't have a 6-3 Court right now, we have a 3-3-3 Court), just the traditional way the Court does business.
Why do you assume the risk of exposure is minor?Going to a park has its inherent risk of covid exposure, minor though it is, and always will.
I was wondering if DeSantis would just let this die, having made his symbolic point, but it looks like he's appealing the ruling.Not a "scholar," but a working (well, mostly retired) Supreme Court practitioner. Who also likes Disney.They are compatible.
It's actually a very well-written decision, and interesting because it goes into complicated areas like the First Amendment and the dormant commerce clause. And it fits right into the trend both on the Supreme Court and in the lower courts (which I've discussed in other threads) that the deference shown to government officials' decisions early in the pandemic (when the urgency was great, information lacking, and remedies non-existent) has subsided, so the government has to prove its case using specific evidence rather than just speculating about the public interest. See, e.g., Roman Catholic Diocese of Brooklyn v. Cuomo, 141 S. Ct. 63, 592 US __, (2020) (striking lockdown rules where the result was readily-apparent violations of the First Amendment because of a lack of narrow tailoring of the rules).
I may write more later if needed, but for right now, the NCL opinion, without citing it, uses the proper standard of review under Jacobson and the First Amendment cases (see, e.g., Americans for Prosperity Fndtn/Thomas More Legal Center v. Bonta, July 1, 2021), and under that standard finds:
1) Compelling governmental interest: Compelled speech is judged under strict scrutiny except in very limited circumstances (where exacting scrutiny is required). Judge Williams pointed out that the statute was directed at the CONTENT of the compelled speech ("Here's my documentation that I've been vaccinated"). That's pretty much saying the government loses. Florida claimed two governmental interests: protecting medical privacy and protecting the unvaccinated from discrimination. It did not provide any evidence demonstrating its rule protected either one, just like in AFPF/TMLC; and,
2) Narrowly-tailored remedy: Florida blocked the cruise lines from requiring documentation of vaccination but allowed oral statements to the same effect, so they lost the case right there. Judge Williams went on with the narrow tailoring review, but the case was already done. Could they revise the Executive Order and legislative ratification? Sure, but then they'd have to prove their new rule met the same strict scrutiny standard. Can they? Not likely.
As to whether the Supreme Court will uphold this case? Likely won't even take it up, because there's no conflict among the circuits. Now that we're further into the pandemic, we're back to the traditional Supreme Court focus on uniformity of law and jurisprudence across the country, and every court is upholding vaccination mandates under Jacobson. But assuming they thought it was an important enough vehicle to instruct the lower courts yet again about the legal doctrines that control these reviews, if they reversed this one it would confuse the lower courts about Diocese of Brooklyn and other pandemic precedent. So, nothing to do with conservative/libertarian/liberal Court (we don't have a 6-3 Court right now, we have a 3-3-3 Court), just the traditional way the Court does business.
Cool, thanks!! I knew there had to be someone..Not a "scholar," but a working (well, mostly retired) Supreme Court practitioner. Who also likes Disney.They are compatible.
It's actually a very well-written decision, and interesting because it goes into complicated areas like the First Amendment and the dormant commerce clause. And it fits right into the trend both on the Supreme Court and in the lower courts (which I've discussed in other threads) that the deference shown to government officials' decisions early in the pandemic (when the urgency was great, information lacking, and remedies non-existent) has subsided, so the government has to prove its case using specific evidence rather than just speculating about the public interest. See, e.g., Roman Catholic Diocese of Brooklyn v. Cuomo, 141 S. Ct. 63, 592 US __, (2020) (striking lockdown rules where the result was readily-apparent violations of the First Amendment because of a lack of narrow tailoring of the rules).
I may write more later if needed, but for right now, the NCL opinion, without citing it, uses the proper standard of review under Jacobson and the First Amendment cases (see, e.g., Americans for Prosperity Fndtn/Thomas More Legal Center v. Bonta, July 1, 2021), and under that standard finds:
1) Compelling governmental interest: Compelled speech is judged under strict scrutiny except in very limited circumstances (where exacting scrutiny is required). Judge Williams pointed out that the statute was directed at the CONTENT of the compelled speech ("Here's my documentation that I've been vaccinated"). That's pretty much saying the government loses. Florida claimed two governmental interests: protecting medical privacy and protecting the unvaccinated from discrimination. It did not provide any evidence demonstrating its rule protected either one, just like in AFPF/TMLC; and,
2) Narrowly-tailored remedy: Florida blocked the cruise lines from requiring documentation of vaccination but allowed oral statements to the same effect, so they lost the case right there. Judge Williams went on with the narrow tailoring review, but the case was already done. Could they revise the Executive Order and legislative ratification? Sure, but then they'd have to prove their new rule met the same strict scrutiny standard. Can they? Not likely.
As to whether the Supreme Court will uphold this case? Likely won't even take it up, because there's no conflict among the circuits. Now that we're further into the pandemic, we're back to the traditional Supreme Court focus on uniformity of law and jurisprudence across the country, and every court is upholding vaccination mandates under Jacobson. But assuming they thought it was an important enough vehicle to instruct the lower courts yet again about the legal doctrines that control these reviews, if they reversed this one it would confuse the lower courts about Diocese of Brooklyn and other pandemic precedent. So, nothing to do with conservative/libertarian/liberal Court (we don't have a 6-3 Court right now, we have a 3-3-3 Court), just the traditional way the Court does business.
Like I said I think this might make it all the way up to the Supreme Court.I was wondering if DeSantis would just let this die, having made his symbolic point, but it looks like he's appealing the ruling.
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Florida appeals ruling allowing cruise to use 'vaccine passports'
Florida Governor Ron DeSantis said on Monday the state will appeal a federal judge's ruling that allowed Norwegian Cruise Line Holdings Ltd (NCLH.N) to require Miami passengers show documented proof they are vaccinated against COVID-19, which he has called discriminatory.www.reuters.com
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