Implosion

Implosion

The headlines suggest the build back better legislation is dead, at least with its current price tag. The new push appears to be voting legislation. This legislation is worse and the lies that accompany its marketing campaign are outrageous. The media ignore these blatant lies and refuse to admonish the liar.

The 6th Circuit Court have acted to overturn the 5th Circuit Court’s decision. The 5th blocked the mandate and the 6th sided with the Biden administration (and OSHA). Doctors, worldwide, continue to have reservations about the inoculations with many suggesting alternative treatment studies should be aggressively pursued. The disagreement between the 5th and 6th will be sent to SCOTUS, but there is no guarantee they will hear it. Their decision will be, just as the 6th Court indicated, about OSHA’s jurisdiction and authority to oversee the mandate, not on actually getting the shot. It is reminiscent of Citizens United.

Policy matters and when Congress creates an agency like OSHA, it provides broad and often ambiguous guidelines under which the agency will operate. Rules are created that have the effect of law but are not actually laws passed by Congress. It is this managing by rule that can make legal challenges less than clear. In an attempt to legislate behavior, Congress perpetuates lawyer job security and convolutes the Rule of Law. The real question is should people be mandated to get the shot, it is not about whether OSHA has enforcement jurisdiction. While the legal minds will tell you this is normal, the lay person will say it is absurd.

It makes the average person mistrust the legal process.

It would be useful to create an independent group to examine proposed legislation in an effort to ascertain what, exactly, is in it. Instead of another right or left leaning “think” tank, how about an independent review committee. These folks could examine proposed legislation from the people’s perspective and provide input as to its actual cost and function. These functions exist, but are often coerced, or worse (e.g., lobbyists), by political majorities; objectivity is often the resulting casualty. In some cases, how proposed legislation will be engaged is unknown until the rules are created. This group could, and should, explain this prior to passage and as rules are promulgated. Think of this group as the people’s watchdog.

As divisiveness continues to grow and both sides become more rabid against any changes suggested by the other, distrust will expand. It will lead to more lawsuits and more disagreements between Courts. The people will be the losers.

As States attempt to circumvent Federal Law, as Mississippi is doing with abortion and as California hopes to do with guns, the problem will only get worse. The judicial system, in the best of times, is convoluted, inconsistent, and horribly inefficient. The battle appears to have moved from ruling by executive order to ruling by agency mandate.

Congress must put a stop to this nonsense before the country faces another civil war.

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Categorized as Policy

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