Florida wins against CDC re: CSO

[MotownVoice]

3 minutes ago, Daniel A said:

 Many people just don't understand the real issues being contested. .

It is even more complicated than that.   What will finally need to be tested is a governmental agency’s authority to issue policy and exact penalties as an arm of the federal government.   When the FCC fined CBS a half million dollars for the accidental exposure of Janet Jackson’s breast no one questioned whether the FCC had been given that authority by Congress.  The CDC has broad authority to quarantine, or restrict movement and gathering under the Commerce Clause.  Some legislators now want to clarify exactly how broadly.  The Supreme Court will need to interpret the founders’ intent in this regard which will affect the CDC’s authority to  pause the movement of ships as well as regulating how passengers are permitted to board them (proof of vaccination).  It may not turn out the way I like it or the way you like it.  But one thing is for sure:  one or two partisan officials hoping to strengthen their election bona fides to a tiny electorate base are not going to be able to just clap their hands and disrupt the process on their own.   

[Daniel A]

9 minutes ago, MotownVoice said:

The CDC has broad authority to quarantine, or restrict movement and gathering under the Commerce Clause.  Some legislators now want to clarify exactly how broadly.  

I agree with much of what you wrote.  In my mind, the central issue is how do we define "broad authority" versus "unrestricted authority."  I agree that the CDC has the authority to block a ship that actually has a contagious pathogen aboard and to block entry until the ship has been properly mitigated.  I disagree with the concept that if one or two ships have a deadly pathogen aboard that the CDC can refuse entry to all ships whether they have the pathogen aboard or not.  I think the CDC's authority is limited to what conditions are actually present onboard a vessel as opposed to "well, maybe there's a problem aboard because the vessels are similar."  Before you seize a vessel I would think you would need to show good cause to believe that particular vessel represents a clear and present danger to the country.

[MotownVoice]

23 minutes ago, Daniel A said:

I agree with much of what you wrote.  In my mind, the central issue is how do we define "broad authority" versus "unrestricted authority."  I agree that the CDC has the authority to block a ship that actually has a contagious pathogen aboard and to block entry until the ship has been properly mitigated.  I disagree with the concept that if one or two ships have a deadly pathogen aboard that the CDC can refuse entry to all ships whether they have the pathogen aboard or not.  I think the CDC's authority is limited to what conditions are actually present onboard a vessel as opposed to "well, maybe there's a problem aboard because the vessels are similar."  Before you seize a vessel I would think you would need to show good cause to believe that particular vessel represents a clear and present danger to the country.

Agree in principle.  But again it needs to be codified.  So either the SCOTUS will make that happen, or congress will put forth and pass new laws that give them the actual authority to reel the CDC in.  One of those two things needs to happen.  And in this partisan environment, who is in charge will very much affect what that final arrangement looks like.

[rkacruiser]

7 hours ago, MotownVoice said:

So either the SCOTUS will make that happen, or congress will put forth and pass new laws that give them the actual authority to reel the CDC in.  

 

A reasonable statement, I think.  Actions by either Congress or SCOTUS are not going to happen anytime soon.  SCOTUS will not reconvene until early October.  Congress' current attention is being driven by two competing infrastructure Bills with their Summer recess on the horizon.  So, the issue continues to drag on and on?  

[HappyInVan]

4 hours ago, rkacruiser said:

Actions by either Congress or SCOTUS are not going to happen anytime soon.  SCOTUS will not reconvene until early October.  Congress' current attention is being driven by two competing infrastructure Bills with their Summer recess on the horizon.  So, the issue continues to drag on and on?  

 

Agree! 😬

[neptuno]

Gee whiz, why cant we all agree to wear a mask in the elevators?  

[Rhea98]

8 hours ago, neptuno said:

Gee whiz, why cant we all agree to wear a mask in the elevators?  

I appreciate you as a fellow Floridian. Just sayin'