The mission of AFA Action is to inform and mobilize individuals to strengthen the biblical foundations of America.

Chief Justice Roberts and Justice Kavanaugh join the liberal court, again

Monday, January 24, 2022 11:31 AM

In a 5-4 opinion, Republican nominated Supreme Court justices, Chief Justice John Roberts and Brett Kavanaugh, joined the liberal wing of the Supreme Court to allow President Biden's healthcare worker mandate to stand. This destructive opinion failed to shield healthcare workers from the federal mandate to get injected with the COVID-19 vaccine and boosters. It violates their freedom of choice and rights of conscience.

Justices Roberts and Kavanaugh joined Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan in an anti-constitutional opinion. Their decision hinged upon verifiably false information attributed to Health and Human Services (HHS) Secretary Xavier Becerra. The Supreme Court stated in their decision:

The Secretary of Health and Human Services determined that a COVID–19 vaccine mandate will substantially reduce the likelihood that healthcare workers will contract the virus and transmit it to their patients.

There is no factual basis to support the assertion that forcing a COVID-19 vaccine injection "will substantially reduce" the chances of a healthcare worker becoming infectious. Such a notion is based on opinion, not scientific fact. For Chief Justice Roberts and Justice Kavanaugh to embrace this baseless assertion and use this fallacious information to uphold President Biden’s employer vaccine mandate for healthcare workers is a most egregious violation of justice and the rule of law.

To make matters worse, the five (5) justices acknowledged the federal government has no legal authority to issue an injection mandate for a COVID-19 vaccine into all healthcare workers who would work at a facility receiving Medicaid and Medicare funds. The Court, in reference to U.S. law (42 U. S. C. §1395x(e)(9)), stated:

Congress has authorized the Secretary to impose conditions on the receipt of Medicaid and Medicare funds that "the Secretary finds necessary in the interest of the health and safety of individuals who are furnished services."

While the Court cites a U.S. statute declaring the Secretary has authority to "impose conditions" upon healthcare facilities, they also state that this provision in the law limits the extent of the Secretary's power over all facilities. In fact, the Court stated:

While this provision [in the law] pertains only to hospitals, the Secretary has similar statutory powers with respect to most other categories of healthcare facilities covered by the interim rule.

The Supreme Court's decision to uphold President Biden's mandate for all Centers for Medicare and Medicaid Services (CMS) workers contradicts the very facts of the law presented and considered by the Court. The Court's decision should have been 9-0, or at least 6-3 against Biden’s mandate with Chief Justice John Roberts and Justice Brett Kavanaugh joining Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, and Amy Coney Barrett.

We urge you to sign the petition to the majority Court consisting of Chief Justice John Roberts and Justices Stephen Breyer, Sonia Sotomayor, Elena Kagan, and Brett Kavanaugh. Urge them to revisit this case as the Court's current opinion is clearly based on errors, inconsistencies and one outright lie which resulted in an anti-constitutional decision and to hear the case on the merits.

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American Family Association Action (AFA Action), is a non-profit 501(c)(4) organization dedicated to advancing biblical, family values in society and government by educating and influencing public policy. AFA Action is also the Governmental Affairs Affiliate of American Family Association (AFA).

"Let everyone be subject to the governing authorities, for there is no authority except that which God has established. The authorities that exist have been established by God."

Romans 13:1 (NIV)

"We the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution, but to overthrow men who pervert the Constitution."

- Abraham Lincoln