SCOTUS Ruling

It’s interesting to me that the SCOTUS ruled against the OSHA Vaccine Mandate but upheld the CMS version.

From what I’ve read thus far, members of the court had concerns about the vague language used in the OSHA version. In the CMS version, it appears they upheld it based on who was providing the money. CMS appears mostly Medicare related and therefore is using public funds.

There’s a lot more to read and I’m waiting for text of the actual ruling.

I suspect that the vague language issue leaves open the possibility for the Biden Administration to tighten up the language and the try to re-implement the OSHA rule.

I also find myself wondering if the SCOTUS ruling opens an entirely different can of worms.

What about those employees who did not want to get the vaccination but who felt the had no choice. Do they now have legal standing to sue their employers? Can they invoke the Nuremberg Code and demand compensation? Will they be able to sue the Biden Administration?

They, by definition were being coerced/threatened into accepting a medical procedure against their will. That’s a pretty clear violation of Nuremberg.

There will be some slimy lawyer that says they don’t have a case because they could submit to weekly testing, wear a mask, maintain social distance, etc. That is more or less true although some companies were saying everyone had to be vaccinated because it was too much work to keep track of testing schedules and results.

It should be interesting to see how that plays out.

I’m waiting to see the rulings before rushing to judgement. However many of the initial news pieces don’t mention any constitutional infringement that the court was concerned about. That concerns me.

If the SCOTUS found nothing constitutionally wrong with the OSHA mandate, then we can be sure that a revised mandate will rear its ugly head once more. I worry that without a constitutional “Stake” to the heart this OSHA mandate will rise from the grave and introduce more chaos into the job market. Companies don’t want to hire if they’re unable to predict which way the wind is blowing.

Year One of Biden has been a study in unintended consequences.

It’s funny. I just realized I’ve seen this before.


I’ve worked for companies that while owned by the founder were profitable and produced good reliable products. Typically, the founder has a clear vision of what products are needed and sticks to that vision. A lot of the founders I’ve known were essentially good folks, but they tended to be plain spoken, to the point of being “mean”. They weren’t mean, they simply had little time or concern for hurt feelings.

I’ve observed what happens to a company when they go public and suddenly you’ve got a board of directors, a bunch of executives given their positions by the board regardless of qualifications, and a bunch of legal red tape designed to protect the investors.

What seems to happen is the company loses focus. You start having “design by committee,” instead of a clear vision of the products. There’s usually a substantial loss of quality and often the executives will take one successful product and modify it iteratively, bolting on a new button or changing the color. They’ll call it “new” and improved. But it’s the same machine or software just with different lipstick.

It’s not uncommon for the founder to quietly bail and then there’s a lot of churn in the executive wing. For employees that’ve been through this process once, they also start looking for the exits.

I’ve been in companies where the new management is so unfamiliar with product or the company that they start hemorrhaging money on things that don’t add value to the actual work being done on the product. (Custom woven carpets for premium office space in an Irvine high-rise come to mind.)

As the company goes further into the red more committees get formed to investigate why the company is showing a loss. The management starts flogging the employees and demanding longer hours, restricting vacations, and of course cheapening the medical plan for the employees. But the executive wing is still getting raises, going on vacations, and getting bonuses. They also have awesome medical coverage.

There’s a point where the brain drain from employees bailing to greener pastures reaches a tipping point. That’s when a high level “Cleaner” executive comes in. This person’s job is to ready the company for immediate sale. The company itself will be shut down and all the patents and intellectual property will be sold to competitors.

Think of it as organ harvesting in the corporate world. It happens all the time! If I was a betting man, Now that Jack Dorsey is out of Twitter, and Jeff Bezos is out of Amazon… We might see either or both cannibalized over the next 10 years. I’d bet that Twitter will go first.


The Biden Administration reminds me a lot of the corporate process. There’s a lack of focus. The administration is trying to address too many pet issues and not considering the consequences. Many of the issues are low level, but because they’re being treated with equal weight to every other issue, nothing is being done well.

Unfortunately, we’re all going to have to suffer through it. It is my sincere hope that America will learn the bitter lesson this time around and choose better candidates for the 2024 Presidential election.

I’m not holding my breath but I have a smidgen of hope nonetheless.

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