Florida asks Supreme Court to block CDC's limits on cruise ship industry

[Yo_Mama_Been_Loggin]

Source: The Hill

Florida's attorney general on Friday asked the Supreme Court to block federal health restrictions placed on the cruise ship industry amid the pandemic.

In a 31-page brief, Attorney General Ashley Moody (R) argued that the Centers for Disease Control and Prevention's (CDC) limits exceed the agency's authority under federal law.

"The statute grants the CDC limited powers to enact traditional quarantine measures," the brief states. "It does not permit the agency to remake the entire cruise-ship industry."

The request was filed to Justice Clarence Thomas, who handles emergency matters arising from Florida and surrounding states and who can act on the application alone or refer the matter to the rest of the justices.



Read more: https://www.msn.com/en-us/news/politics/florida-asks-supreme-court-to-block-cdcs-limits-on-cruise-ship-industry/ar-AAMuuPg?li=BBnb7Kz

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[AngryOldDem]

1. It's like they're going out of their way to sabotage any effort to control this.

Despite the fact that cruise ships were the canaries in the coal mine about how serious COVID is.

[PortTack]

2. This idiot doesn't seems to understand the cruise ships WANT these restrictions

It isn’t about him and what he wants

[AngryOldDem]

3. Exactly. This could kill off the cruise industry.

It can’t afford to take another hit.

[Chainfire]

4. It is all about DeSantis flexing his Fascist muscles for the party faithful.

He doesn't give a rat's ass who it hurts as long as he gets some mileage out of it. Sometimes you have to wonder if the Republican Party goal is to keep Covid going as long as possible. Perhaps they want to assure that more people to die on Biden's watch than on Trump's. It really just does not make any sense in even our present Alice In Wonderland world.

[bucolic_frolic]

5. Well we know what Clarence will do

How do these conservatives get such SCOTUS fast track all the time?

[FBaggins]

15. He might not get a chance

The state will likely withdraw the emergency appeal now that the lower court has blocked the CDC order as it applies to FL

[NullTuples]

6. After the Republican Party proper, America's worst enemy in the pandemic...

...has arguably been the Republican-appointed Judicial.

[Smackdown2019]

7. Article 1 section 8

Article I Section 8Clause 3

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

Us Constitution....

US government right to govern over the cruise industries out trumps state laws. If CDC institute regulations and Congress approved of those measures, state laws are just nothing but klinexes to cry into.

[monkeyman1]

8. I think that maybe that 31 -page brief might just become butt wipe !

[GB_RN]

9. Never Underestimate The Ability

Of the Roberts RWNJ majority to tie itself into knots and do Olympic-quality, legal gymnastics if it means fucking up a legal decision that should be straightforward.

[monkeyman1]

10. damn , still cleaning wine glass mess on that one ! " SO FUCKING TRUE " "

[GB_RN]

11. Hope There's No Permanent Damage

To your screen!

😂🤘

[monkeyman1]

12. nope ,all good on this end , thank's

[FBaggins]

14. That merely gives Congress the power to legislate

It doesn’t answer the question re: whether or not they did so in this case.

IOW - did Congress give the CDC the power to shut down the industry as it did?

Nobody questions whether or not Congress could do so it it choses

[Smackdown2019]

16. It gives Congress power to regulate.

Exact words.

[FBaggins]

17. Again... that's irrelevant

Last edited Sat Jul 24, 2021, 12:35 PM - Edit history (1)

The question before the court isn’t whether or not Congress has the authority…

… it’s a question of whether or not they exercised that authority.

More specifically… whether or not they delegated that authority to the CDC.

[Smackdown2019]

18. Sorry, but your wrong

The US Constitution is the supreme document of the land and supersedes any state law that deals with rights it is afforded to. States opt to be part of the US and they must follow the US Constitution.

Article 3 gives the Judical branch the right to settle conflicts among states and other various cases

Article 1 states that Congress has the power to regulate commerce; including dealings with foreign powers.

What you have argued that the state of Florida can tell a foreign national ship what they can not do; whereas it is the US Congress power to regulate commerce with foreign countries. Those ships are foreign commerce and follow us laws.

[FBaggins]

19. You don't appear to be reading what you're replying to

Nobody has argued what the state of Florida can or can’t do. (They absolutely can tell ships that dock in their ports what to do… they do it all the time… but that isn’t in doubt here. They can’t supersede federal law)

Nobody has challenged what the constitution says either. The lawsuit does not allege that Congress lacks the authority to regulate in this area. If Congress passes a law giving the CDC the power to regulate in this way… Florida can’t say anything about it.

What the lawsuit claims is that Congress never did so. It doesn’t do you any good to argue that they can if you can’t show that they did.

[Smackdown2019]

20. Check this out

Constitutional Authority Statement Pursuant to clause 3(d)(1) of rule XIII of the Rules of the House of Representatives, the Committee finds that the Constitutional authority for this legislation is provided in Article I, section 8, clause 3, which grants Congress the power to regulate commerce with foreign nations, among the several States, and with the Indian tribes. Applicability to Legislative Branch The Committee finds that the legislation does not relate to the terms and conditions of employment or access to public services or accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act. Section-by-Section Analysis of the Legislation Section 1. National Foundation for the Centers for Disease Control and Prevention; Acceptance of voluntary services; Federal funding Section 1(a) amends Section 399G(h)(2)(A) of the Public Health Service Act to clarify that any fellowship with the CDC Foundation will match the length of time the endowment for that project takes. Section 1(b) amends Section 399G(h)(7) of the Public Health Service Act to require the Foundation's annual reports to include an accounting of the use of funds transferred from the CDC to the Foundation for its operating expenses and that these reports be provided to the appropriate committees in Congress. Section 1(c) amends Section 399G(i) of the Public Health Service Act by requiring the CDC Director to transfer no less than $500,000 and not more than $1,250,000 to the Foundation for operating expenses. Changes in Existing Law Made by the Bill, as Reported In compliance with clause 3(e) of rule XIII of the Rules of the House of Representatives, changes in existing law made by the bill, as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, existing law in which no change is proposed is shown in roman): SECTION 399G OF THE PUBLIC HEALTH SERVICE A

[Smackdown2019]

21. More info

CDC’s role in rules and regulations
As the nation’s public health protection agency, CDC has certain authorities to implement  regulations related to protecting America from health and safety threats, both foreign and within the United States, and increasing public health security.

CDC and other agencies implement public health laws passed by Congress through Federal Regulations. After a Congressional bill becomes law, federal agencies may be responsible for putting the law into action through the development of regulations—also known as “rules.” Federal regulations give the public details or specific requirements of how the law will be applied. The process of creating regulations or rules is called rulemaking.

What are CDC’s regulatory authorities?
Click on each public health program in the boxes below for information on CDC’s regulatory authorities. You can also find the official text of CDC regulations published in the Code of Federal Regulations under Title 42—Public HealthExternal.

How can you participate in CDC’s rulemaking process?
Federal rulemaking usually involves a notice-and-comment process in which regulations are published in the Federal RegisterExternal for public comment over a specified time. By commenting on proposed rules to improve them, the public plays an important role in the rulemaking process. You can provide your comments by going to the federal government’s regulations websiteExternal to view CDC’s rules that are open for public commentExternal.

CDC open rules for commentExternalAll CDC RulesExternal

For a list of regulations CDC is currently working on, please see the Unified AgendaExternal of Federal Regulatory and Deregulatory Actions. The Unified Agenda, published in the spring and fall of each year, provides information about regulations that the federal government is considering or reviewing within the next 12 months.

[Smackdown2019]

22. Basically it is this

Congress authorized CDC to protect our nation and foreign nations by giving them authority to enact "rules" in case of emergency declarations. State of Florida cant supercede CDC since Congress gave it authority powers.

[FBaggins]

23. Now you're at least making the right arguments

Unfortunately, those arguments have so far lost in court.

[Smackdown2019]

24. What do you expect?

Trump courts with alcoholics on the benches who miss Constitutional Law classes while mistreating women.... what do you expect?

[FBaggins]

25. I think this one is from papa Bush

But the point is well taken.

Unfortunately - Neither of the courts above is likely to overturn him given SCOTUS' recent CDC ruling.

[zanana1]

13. Shocker