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What the Supreme Court decision regarding vaccine mandates means for Southern Colorado

COLORADO SPRINGS, Colo. (KRDO) - On Thursday, the Supreme Court blocked a major push by President Joe Biden's administration to require employees at large businesses get a Covid-19 vaccine or test for the virus regularly.

While the Supreme Court is allowing a nationwide vaccine mandate for certain healthcare workers to go into effect, overall the decision is a major loss for the Biden Administration's battle.

But University of Colorado - Colorado Springs Political Science professor Josh Dunn says the President's next step could be to encourage individual states to consider broad vaccine mandates of their own, since Congress is unlikely to act on the situation.

"President Biden has one option: to use the bully pulpit and then try to convince states that are friendly to his position to impose a similar kind of mandate," said Dunn. "Because states retain what's known as the "police power" and the federal government doesn't have the police power. It's general power of government, to protect the health, welfare, safety, and morals of the people. So states have that, federal government doesn't have it, and it's much easier for states to do this kind of thing."

However, so far Colorado has not announced plans to take on their own mandate similar to what the White House wanted. Private businesses, on the other hand, are still allowed to require the shot.

"The general rule under both Colorado and federal law is that an employer generally may require certain vaccinations, so long as those requirements are job-related and consistent with business necessity," said Joseph Brown, an attorney at Telios Law. "So the mandate itself did not create that ability for employers. Employers had that right, even though it was a very narrow one.”

Many Coloradans lost their jobs over the last year for refusing to get the shot. While generally it's tough to sue over violating a company rule, there are possible exceptions.

"An employee might have a claim for refusal to accommodate a disability, or a sincerely held religious belief where an employer granted accommodations to some employees, but not to others," said Brown. "An employee might have a claim for disparate treatment or discrimination, where an employer may create a hostile work environment or take some kind of retaliatory action against an employee for having made an exemption request or for having opposed the vaccination about policy, then the employee may have a viable claim. It depends on what the underlying reason for the employee's job loss was."

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Mallory Anderson

Comments

11 Comments

  1. Wrongful termination is Wrongful termination. Lost wages, being brought back at same position and pay / benefits would seem approperiate.

    1. Ahh but it was never for the actual law/mandate. It was company policy and if you refuse to comply with company policy then….. its self termination.
      Any company theta jumped the gun and made this and had a mandate before this was settled then they shot themselves in the foot. I know many large companies who waited till they actually got notice it would be enforced.
      As far as getting back pay for leaving for not getting the shot. Good luck in court for that one. Won’t happen.

      1. I am only referring to the ones that were terminated by their company for noncompliance of getting vaccinated. but yes I agree with what you stated.

  2. It has been somewhat quiet here in Colorado and in America for a while. One must ask whether this is the quiet before the storm. Part of the reason is because people are tired of being “talked at” and “talked down to”. P2triots are no longer listening. As the saying goes, they are busy reloading and battening down the hatches. Coercion will ultimately backfire big time, but there will be a lot of suffering first. Let me remind you… “They tried to bury us, but they forgot we are seeds.” –Alexandra Boutopoulou

    Every day they try to push us further. Even those who once lined up to be jabbed now have buyer’s remorse. This is not going to end well for the elites. They will be brought to justice. It is not going to even take a majority of the population to rebel. A few people really can change the world. It only took 3% to form America. They forget, we are numerous and they are surrounded. It would be wonderful if 100% of the people stood up and refused to comply. I am a realist. I know this will never happen. I do know we have some very brave people in strategic positions who could, within their professions and networks, bring this m@nia to a screeching halt. It would not take all of them, just enough of them.

    1. Good ol’ Richie. Trying to stir up a coup right here on the KRDO comments section.
      Hope the feds and the guys in the white coats are taking notes.

      1. sumdaze…Guess what? I do not fear what you fear…I do not hide from the truth. I do my best to expose your lies and reveal the truth. Sad existence for you to live in fear instead of enjoying your freedoms guaranteed to all of us. I could care less about the feds or the white coats…I know they are there…I do not fear them. Could care less…my life is full of joy…peace and freedom. No human being can steal that from me. Get some air…maybe sing or dance…maybe even get some of your own joy! Have a great day!

  3. I am encountering a mult itude of people driven by fear. Now, the numbers are shifting to those who are angry. When the status quo is no longer a safe and comfortable place to be, people are willing to risk change. There is a lesson here. There is no escape, no place to run to and no place to hide. When your back is against the wall, you only have one option left if you want to survive. You must fight like your life depends upon it, because it does. Our Creator in His wisdom, made us all wonderfully unique–which is another reason why we must retain our DNA and our humanity. We have each been given special talents and skills–all useful and none too humble. We are given these gifts to use–there is no other reason for us to have them. Be useful, be kind and be wise.

    1. Good ol’ Richie. Stuck down a rabbit hole with his laptop and a bible. Be useful, be kind, and be wise.

  4. Here is some more facts for you sumdaze…and yes…I know the KRDO moderators are possibly collecting my comments…who cares? Not me…
    Here is Kaufman and Cowan’s statement on their arguments and conclusions regarding the existence and pathogenicity of viruses, in as succinct form as possible. andrewkaufmanmd.com/wp-co It is in two parts, first explaining the steps one would logically take to go about finding an alleged virus, as was done for bacteriophages, then the second part is summarized with this: “None of these steps has even been attempted with the SARS-CoV-2 virus, nor have all these steps been successfully performed for any so-called pathogenic virus. Our research indicates that a single study showing these steps does not exist in the medical literature. Instead, since 1954, virologists have taken unpurified samples from a relatively few people, often less than ten, with a similar disease.

    They then minimally process this sample and inoculate this unpurified sample onto tissue culture containing usually four to six other types of material — all of which contain identical genetic material as to what is called a “virus.” The tissue culture is starved and poisoned and naturally disintegrates into many types of particles, some of which contain genetic material. Against all common sense, logic, use of the English language and scientific integrity, this process is called “virus isolation.” This brew containing fragments of genetic material from many sources is then subjected to genetic @nalysis, which then creates in a computer-simulation process the alleged sequence of the alleged virus, a so called in silico genome. At no time is an actual virus confirmed by electron microscopy. At no time is a genome extracted and sequenced from an actual virus.

    This is scientific fraud.”

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