Biden Keeps Pushing Dubious Arguments for CDC Supremacy

The president seems determined to anoint the agency’s director as the nation’s COVID-19 dictator, no matter what the law says.


The Supreme Court last week rejected the idea that Congress gave the Centers for Disease Control and Prevention (CDC) the power to stop landlords from evicting tenants who fail to pay their rent. Unfazed by that setback, the Biden administration this week suggested that the CDC has the power to demand that every public school in the country force students to wear face masks.

Both incidents show how readily President Joe Biden deploys dubious legal arguments to defend unprecedented power grabs in the name of fighting COVID-19. If successful, those arguments would undermine federalism, the rule of law, and the separation of powers.

The CDC argued that evictions could promote COVID-19 transmission by forcing people to move into "congregate or shared living setting[s]." It said its moratorium therefore was authorized by a 1944 law that allows regulations deemed "necessary" to prevent the interstate spread of "communicable diseases."

Like most of the federal judges who have addressed the issue, the Supreme Court did not buy that argument. "It is hard to see what measures this interpretation would place outside the CDC's reach," it noted, "and the Government has identified no limit…beyond the requirement that the CDC deem a measure 'necessary.'"

The justices said it "strains credulity" to assert that Congress gave the CDC that "breathtaking amount of authority." They said the statute's list of specific disease control measures "informs the grant of authority by illustrating the kinds of measures that could be necessary: inspection, fumigation, disinfection, sanitation, pest extermination, and destruction of contaminated animals and articles."

Even if the statute were ambiguous, the Court said, "the sheer scope of the
CDC's claimed authority" would "counsel against the Government's interpretation," since "we expect Congress to speak clearly" when it means to authorize powers of "vast 'economic and political significance.'" Notably, no one seems to have noticed the sweeping powers that the CDC claimed to discover last fall until 76 years after the law was enacted.

The Education Department cited a different, more recent law on Monday, when it announced investigations of five states that have defied the CDC's advice by forbidding mask mandates in public schools. Secretary of Education Miguel Cardona says those states may be violating Section 504 of the 1973 Rehabilitation Act, which prohibits discrimination against people with disabilities in federally funded programs.

Cardona said his department had heard from "parents of students with disabilities and with underlying medical conditions" who complained that "state bans on universal indoor masking are putting their children at risk and preventing them from accessing in-person learning equally." His argument implies that Section 504 makes the CDC's recommendations for schools mandatory.

"It's massive federal overreaching," says Hans Bader, a former senior attorney at the Competitive Enterprise Institute who also has worked in the Education Department's Office for Civil Rights. "The federal government essentially wants to dictate systemic changes to states' school policies because of speculation [about] how those policies may affect disabled students in particular school districts."

Bader says Cardona's position is inconsistent with the relevant case law, which rejects discrimination claims based on speculative harms or parents' voluntary decisions. "The health benefits of wearing masks are so modest that European countries don't require young children to wear them," he says, "so the failure to attend school is due to parental or student choice, not effectively compelled by school policy."

Despite Cardona's emphasis on local autonomy, his interpretation of Section 504 suggests that school districts are not free to reject the CDC's advice. Since the CDC has decided that mask mandates are appropriate, he seems to think, every public school in the United States is obligated to impose them.

That is a remarkable assertion of federal supremacy in two areas—education and disease control—that have long been recognized as primarily the responsibility of state and local governments. The Biden administration seems determined to anoint the CDC's director as the nation's COVID-19 dictator, no matter what the law says.

© Copyright 2021 by Creators Syndicate Inc.

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  1. Biden’s Presidency is dubious.

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    1. Dubious struck me too. “The accused’s admitted that their defense of their plan to walk into someone else’s house, shoot them, and steal their stuff was fraught with dubious legal justifications.”

      No, the felon murdered someone and Joe violated his oath to uphold and defend. No doubt.

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  2. Biden doesn’t know where his pudding is, or how to find the bathroom.

    Fuckers you pushed for this and you got a bunch of far left marxist shitheads in there.

    Own it.

      1. Wilkow’s does segments with that title in his radio show. Profiling libertarian/conservative candidates.

    1. Joe Biden doesn’t know who the President of the United States is.

    2. How could anyone have known that a political party containing totalitarian self admitted socialists, actually are, in fact, totalitarian socialists.

  3. On a scale of Biden to 10, the CDC is scoring low.

    1. The CDC as an organization isn’t doing nearly as bad a job of their mission as Walensky is at her job.

      Trying to make the CDC the final arbiter of all policies and rules would be one thing. The lunatic that’s allegedly “directing” that organization (but seems to not be on the same page as the actual scientists with alarming frequency) should have been removed within the hour after her “impending doom” meltdown

  4. Biden (or his handlers) are in freak out mode. The only thing that can get this country back under their control is 1) the appearance that they are DOING SOMETHING! ™ and 2) the appearance that Team Red represents an existential threat to successful implementation of #1.

    So they are going to push Delta Variant Hysteria despite the fact that deaths peaked a week ago at levels below any other “surge” in the last 18 months. And they are going to insist that VAX VAX MASK MASK VAX mandates are the only thing to save us from the Delta Variant. And Team Red- dutiful contrarians that they are- will continue to stomp their feet and refuse on those grounds.

    It is time for the American people to decide if they want to be part of a team, or if they just want to live their goddamn lives.

    1. deaths peaked a week ago at levels below any other “surge” in the last 18 months

      Deaths might or might not have peaked, but they’re higher than they were last summer.

      Arguably, Delta means these numbers should be more heavily discounted than they are, but they’re not and won’t be.

      It is time for the American people to decide if they want to be part of a team, or if they just want to live their goddamn lives.

      Prediction: TEAM SAFETY wins out in the end. Zee Casez are going to spike in the Northeast as school reopens (with low impact on hospitalizations) and PANIC! will result, particularly among the national journos that infest this area.

      I almost relish the idea of Murphy mandating virtual instruction throughout October because I think that’s what it will take to get him out of office. But a panic response timed correctly could be a help to him.

      1. > Deaths might or might not have peaked, but they’re higher than they were last summer.

        Maybe in your mostly unvaccinated state, but where I am the death graph is a minute fraction of anything that came before. Hospitalization rate is still significant, but still only about a quarter of what it was last summer. And the ICU numbers haven’t budged, so the increased hospitalizations aren’t all heading off there.

        1. I live in the epicenter of the original wave. We’re good here. I was speaking of the US as a whole, which is what Overt’s post seemed to regard, seeing as how it’s about the Federal response and all.

          The hospitalization figures are extra dubious now – vaccines do basically nothing to prevent Delta’s spread so a ton more incidental cases are being tacked on.

          1. But it makes no sense to talk about the US as a whole when it comes to waves (I’m sure you know this). You really have to look at different regions separately to get any real picture of what happens. And it makes no sense to have one national policy imposed everywhere (even if imposing shit like lockdowns and forced vaccinations wasn’t completely evil).

            1. Exactly. Arizona has been running at 10-50% of last year’s deaths all summer long.

  5. Soon Biden will announce that he’s in peace talks with the coronavirus.

    1. And here I thought he was at war with CV-19

    2. Coronavirus was five days ago.

    3. Peace talks, phooey. If the Biden Administration handles school masks as well as it handled the withdrawal from Afghanistan, the Coronavirus will be in control of the U.S. government by the weekend.

      1. Not sure what is worse, Biden the botcher or the useful idiots who put him in the position to create such a colossal disaster.

  6. Remember, the left have no principles. They do not believe in the rule of law, separation of powers, limiting principles, universal rights, or anything else.

    All they believe in is Power, and that Might Makes Right.

    Also they are not dumb or stupid, they are determined and they know exactly what they are doing.

    Stop pretending otherwise

    1. ^THIS…
      “That is a remarkable assertion of federal supremacy in two areas—education and disease control” and a show of complete ignorance to the U.S. Constitution the Supreme Law *over* them by the People.

    2. Your description matches Trump as well. He was quite explicit that might makes right and winners get to do what they want. He’s not a dumb guy either.

      1. So Power-Mad he had a whole committee CUTTING the Power.
        UR SO FULL OF SH*T, dumb*ss!

        1. But he did nothing to cut down his own personal power and prestige. As I’ve said many times, I’d prefer Trump was still president. But like most politicians he is pretty clearly motivated by power and prestige. Just because he’s better than most Democrats doesn’t mean he’s not a power hungry narcissist.

      2. Well they certainly get to grab ‘em by the pussy.

          1. he was only trying to smell her hair!

        1. Another TDS-addled (lying) piece of shit. Congrats – hope you grow a brain cell one day.

      3. Describing you as a TDS-addled (lying) asshole fits really well, piece of shit.

  7. That is a remarkable assertion of federal supremacy in two areas—education and disease control—that have long been recognized as primarily the responsibility of state and local governments.

    It’s not ‘remarkable’ at all. It is the inevitable outcome of simply mandating that legislation be implemented in the executive branch rather than via an interstate compact where there would be no (or at least very very few) administrative mandates and where implementation would be the responsibility of state/local governments.

    1. Trump was castigated for pursuing that exact policy. He did “Nothing” for not demanding national mandates.

      1. And the cowardly piece of lefty shit JFree ran around waving his PANIC flag!

  8. So the Nazi-Regime want’s disease and education control after *already* taking over infrastructure, power, healthcare, 70% of the land mass, water, farming, housing, transportation, etc, etc, etc….

    And the Supreme Court wants to pretend *only* Congress is stopping the Nazi-Regime?

  9. Well, at least a couple of the top FDA officials have decided it’s time to retire, perhaps in some small way a protest against the fact that the politicians at the CDC have been charged with taking the lead on this coronavirus bullshit rather than the scientists at the FDA being put in charge.

  10. Yeah, well, I’m willing to let Biden do what he wants with respect to the CDC. After all, he delivered the vaccine and shut down the virus like he promised.


  11. Support for science based decisions is an easy argument to make. Only science and logic define truth, reality.

    Any counter argument must take the position of unreality, which should be an impossible sell, but fuckwits are buying.

    Only the insane are free from the dictatorship of reality.

  12. Fun fact: the CDC director who these enabling acts would empower is not even a Senate-confirmed position. Seems appropriate somehow.

  13. Your reality is someone’s unreality Neo.

      1. Sanity is overrated.

        1. You should start with that whenever you meet someone.

    1. Why do you bother to communicate?

      Do you like the smell of your own shit or are you trying to convince others of the truth reality we share?

  14. The core Democrat ideology today is unwavering loyalty to pandemic lockdowns and everything tangential to it. What would normally be common sense (get the vaccine) has become religious mantras that frequently conflict with each other (it doesn’t matter if you have the vaccine).

    So Biden is pandering the Democratic base, while ignoring Republicans, Libertarians, Greens, independents, and everyone else. He preaching to the choir. This was Trump’s modus operandi as well, preach to the GOP choir ignore everyone else. Both parties are not in full tribal mode and all policies are directed towards pandering to a specific party base. Down to the governor level for both Ds and Rs. (Newsom’s strategy of beating the recall by appealing solely to faithful Democrats).

    I really do think it marks the beginning of the end of our republic. It’s two tribes and whichever one manages to win an election in a district presumes they can do whatever they want. Next election they get booted and the new guy presumes they can do whatever they want. There’s a candidate in Pennsylvania who says he doesn’t need data or facts he just need twenty strong men to back him up. Physically. He have reached the Strong Man mode that Hayek warned us about. Both sides want their Strong Man. Which is why we’re headed towards fascism, and neither side cares so long as it’s their brand of fascism. A Right fascism is just as bad as a Left fascism.

    Even sadder, there isn’t even a promise to keep the trains running on time, merely a promise to punish people on the other side.

    1. “ I really do think it marks the beginning of the end of our republic. It’s two tribes and whichever one manages to win an election in a district presumes they can do whatever they want.”

      Our inalienable rights protect us from exactly that but stupid people of all political stripes won’t stand up for them.

      Until we change that, you’re right.

    2. Spending time to craft an ammunition ban instead of planning an orderly exit from Afghanistan that resulted in hundreds of Americans being abandoned there shows how bad team blue is. There is an opportunity to transform team red into something that will not spend, regulate and censor the country into oblivion.

    3. Liberals stopped being liberal a long time ago and the conservative movement is dead. Populism is not an ideology it is madness and all there is left in politics.

      Covid is a political disease now. There is no reasoning left in people about it. Another consequence of the sickness eating away at our society. Whatever happens with it at this point we will as a nation only get what we deserve.

      1. we will as a nation only get what we deserve.

        That’s not a real thing. A nation of people can’t deserve anything collectively.

        1. The virus doesn’t care.

          The government doesn’t care. It ought to but it doesn’t.

          As far as ‘we’. As an individual I have to accept responsibility for my actions along with liberty. The two are inseparable. I leave it up to others to determine what that means to them in the reality of a contagion.

          I am not responsible for the bad decisions of others. I am not responsible for the negative consequences of those decisions.

          Unless it affects me.

    4. Democrats govern like normal politicians (I would argue that they’re even less corrupt than average because of the microscope put on them by rightwing media, but that’s for another time). You won’t like all their decisions, but they’re not behaving abnormally.

      The tribalism and propaganda and ginned-up controversies are not a random evolution of the system. It was a plan, and it was set into motion by Republican Party agents for the purpose of winning power, and it worked, and now it’s out of control and heading to bog-standard fascism.

      We’re beyond the Southern Strategy and patrician tolerance of rubes for votes. The inmates run the asylum, and they’re passing anti-democratic laws as fast as they can. The shithole country playbook. And it was all Republicans.

      1. Democrats govern like normal politicians

        Yup. Highly corrupt and doing all they can to shovel money at their cronies and supporters.

        1. While trying to reduce in ate liberties of the people they supposedly represent.

        2. So cite something along those lines. Just one cite.

          1. How about the government housing people in private citizens property without recourse’even though it goes against the bulk of Constitutional law’. There you go. One citation from good ol’ Joe.

      2. “because of the microscope put on them by rightwing media”

        As if there is no microscope on Republicans from virtually every newspaper, every broadcast network (ABC, NBC, CBS, PBS, NPR), multiple cable 24-hour news channels like CNN, MSNBC.

        Compared to “rightwing media” Fox News, which has been successfully infiltrated by progressives and hardly counts anymore, and a few tiny cable news channels like OAN, Newsmax. And some talk-radio shows?

    5. Hey, Brandyshit! You should be thrilled; no mean tweets, little boy.

  15. Mask mandates “are putting their children at risk and preventing them from accessing in-person learning equally.”

  16. If we call the bug chasers terrorists, can we suspend all their rights like we did the ones who used planes? What about the insurrectionists?

    I think the key to being credible when making demands of the government is not being an open advocate of overthrowing that government. Also, not killing tens of thousands of people because a radio shock jock convinced you that hygiene is a communist plot.

    We didn’t realize you people hated being clean and disease-free so much, that’s all. I guess we could have just looked at the photos of Trump rallies.

    1. Maintaining basic human rights is a million times more important than slightly reducing your risk of disease. Fuck you and anyone else who thinks basic rights can be taken away indefinitely because someone might get sick.

      1. Who ever told you that you have a basic human right to spread disease?

        Is that what you said about gays in the 80s?

        Or are you just an evil stupid cunt?

        1. Tell, me…in 2017/18 flu season, were you advocating for masking, forced vaccination, lockdowns, etc.?

          The flu that year killed 60-90K Americans.

          Did you give a shit about those people?

          Flu has been killing 10K, 20K, 30K every year. No one really knows because the CDC doesn’t really count flu deaths, but those are the estimates they make.

          Did you ever make any effort to not infect other people with a deadly disease before? Or is only COVID worth the effort?

          1. I’m for, at the very least, more incentives to get the flu vaccine, sure.

            1. @Tony – Now do gay sex when AIDS first started. Where you for banning gay sex to bend that curve until a treatment could be found?

            2. I would have been in favor of the Republican theocrat in charge not deliberately condemning gays to die because they had sex in a way he found icky. Acknowledging the disease in the first place. That would have been a nice first step.

    2. Fuck off you piece of shit fascist, go sniff your smug farts somewhere else. Your takes are consistently the worst here, and that says something when you’re competing with trump fanboys and somehow still seem way more unhinged and untethered to reality.

      1. So is that you defending the practice of being a stupid diseased piece of human uselessness?

        Sorry no, I have standards, and they include basic hygiene. Don’t bring disease into my place of work, please, you bug chasing faggot.

        1. @tony – now do the homeless camps and all the lack of proper hygiene in the surrounding areas…shall we eliminate them?

          (history will call you a brown shirt)

    3. You’d think shitstain would be in terrific shape from slinging all those strawmen around, but it’s probably his drinking which makes him a 300# weakling.

  17. Dubious my ass.

  18. The day after St Patricks ay 2020 when the Covid restrictions started I stated we were F-ed. That is we have ceded that the constitution doesn’t apply if we have a pandemic.

    I was assured by the smart legal people that although there is nothing in the constitution which suspends the constitution it is written in invisible ink and every reasonable person knows it.

    Well here we are. It will not take long before the executive threatens the judiciary into compliance or just ignores the judiciary and does what it pleases. You know what Putin does,

    1. Putin is never tsarry when rules are broken to accomplish his goals.

      1. He has his own system of Czechs and balances.

        1. He never follows what the political poles say.

    2. They already are. Biden expanded (cash for socialist votes) SNAP by 25 percent without the legislature. $50/month for free broadband connections. Monthly cash to feral teens in blue cities to “NOT” shoot 3 year olds, etc, etc, etc…….

  19. EXACTLY!!! and the insanity needs to stop! Just say no to the great reset!

  20. “…The president seems determined to anoint the agency’s director as the nation’s COVID-19 dictator, no matter what the law says…”

    Droolin’ Joe isn’t capable of doing so, as is evident from his ‘get our ass kicked’ fucked-up exit from Afghan, so he’s probably delegating everything he possible can.

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  22. There’s going to be a lot of politicians hang in the Square by the end of all of this. Towing Denver

    1. We can only hope!

  23. Biden is Dubious.

  24. I outright refuse to be ruled by the big pharma controlled CDC, FDA or AMA. I did not vote for any of these power hungry idiots. Nor joey.

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