One for Two

I'm falling down a spiral
Destination unknown
Double crossed messenger
All alone
--Golden Earring

Yesterday the Supreme Court blocked the federal government's vaccine mandate for large employers while upholding the mandate for health care organizations receiving federal funding.

The judges were one for two.

Private employers, i.e., those with no strings attached to government, should be able to set the terms for using their property. If those terms include a requirement for employees to be vaccinated against a particular pathogen, then private employers are within their rights as property owners to do so. 

Stated differently, employers should be allowed to discriminate as to how their property is utilized. They can discriminate between vaccinated and unvaccinated individuals--just as they should be able to peacefully discriminate on any other factor--including race and skin color. If this discrimination is ill-advised, then markets will punish their poor decision-making.

It is, of course, completely within worker rights to discriminate as well. Individuals can discriminate against producers with vaccine mandates by not seeking work with these employers, or by resigning when their employers pass distasteful policies. 

While private enterprises can establish their own internal health care mandates, the state has no standing to forcibly impose its own mandates or interfere with the rules governing private labor market transactions. 

Of course, it is questionable whether many 'private' enterprises are truly private anymore. When businesses receive resources from government (e.g., government contracts or subsidies), or are subject to favorable regulatory treatment, then they are by definition receiving government support or sponsorship. The more beholden organizations are to government, the more likely they are to do the bidding of government in exchange for political favor.  

This brings us to the second part of yesterday's ruling. The high court declared that health care facilities that receive federal funding must comply with federal vaccine mandates. Health care organizations that receive federal funding are poster children for organizations that are beholden to the feds.

Because of their dependence on federal government resources, health care organizations are extensions of the federal government acting as de facto government agencies. 

The Bill of Rights gives such federal agencies far less leeway to discriminate compared to private entities. Whereas a private employer can justly create policies that favor particular groups, federal government entities cannot. Doing so would violate individual rights to religion, speech, assembly, association, privacy, et al--all of which are expressly protected from federal government interference under the Constitution.

Thus, a federal mandate that requires vaccination for employees of organizations beholden to the federal government is blatantly illegal and unjust, regardless of what six high court justices claim.