You're damned if you do, you're damned if you don't. At modern law, everyone loses.
Am I the only one who finds it strange that federal officers get qualified immunity if they have a good faith belief that what they were doing was legal and there's no counter precedent on point, but the average citizen gets fucked when they act in the same manner? π€
@ππ Humpleupagus ππ @dc1365e2 Strange isnβt the word I would use. Tyrannical is more like it.
At common law, an officer who acted beyond the scope of authority was per se civilly liable. Our 4th Amendment was originally based on this principle. https://en.m.wikipedia.org/wiki/Entick_v_Carrington
@ππ Humpleupagus ππ @dc1365e2 No. You're not the only one.
This whole madate, that really wasnβt a mandate was one of the sleaziest things Biden has ever done. He basically deputized all businesses so they could do whatever it wanted to fuck with people who didnβt want to get vaxxed. >βIt would take 160 years for OSHA to get into every workplace just once,β she estimated. βItβs an understaffed, under-resourced agency to begin with.β https://www.nbcnews.com/politics/politics-news/biden-s-vaccinate-or-test-mandate-approaches-questions-arise-over-n1281130
I don't like the fact these business forced people to get vaxxed, fuck them for that, but as a general principle, I also don't like people getting fucked for what is likely good faith attempts to comply with law. The government is the origin of law. To hold the people accountable for its ambiguities and mixed messages is just fucked.
Exceptions to me would be health care Systems like methodist in Texas that didn't just reluctantly comply but gleefully doubled down and fired everyone who dared resist. Other systems attempted to allow as many waivers as possible not being suicidal from a staffing perspective. I don't blame hospitals for not seeing a future outside of the Medicare Medicaid choke chain they are all held by. Some jobs were very understanding and those are easy to tolerate
I worked with many clients with federal contracts who tried to find every means, short of the cost of litigation against the fed (which I can understand from a business expense perspective), to end run the mandate legally.