the other day. Started to talk about his distrust of cops. Me too I said, then he added that he was a “Constitutionalist”. I said me too and that they might as well throw out the Seventh Amendment because it means nothing. He ask what does it say?

That is what sovereigns called themselves 20 or 30 years ago.

Number one, it involves a State's action, not a Federal action, and number 2, it involves the direct relationship between person and state. There's no 'employer' middleman.

So it does not necessarily apply to Biden's employer mandate.

My guess is that that this SCOTUS in particular is likely to throw it out, if a case on the subject reaches their bench.

The key issue I'd guess is the part where the POTUS is essentially deputizing private employers to act as vaccination enforcers, potentially against their will. Acting in this capacity costs them money by forcing an administrative burden on them.

I suspect SCOTUS would find that Congress could do this, but not POTUS.

https://www.democraticunderground.com/1016301442

Title:
Basis of authority
https://www.osha.gov/laws-regs/regulations/standardnumber/1975/1975.2

The power of Congress to regulate employment conditions under the Williams-Steiger Occupational Safety and Health Act of 1970, is derived mainly from the Commerce Clause of the Constitution. (Sec. 2(b), Public Law 91-596; U.S. Constitution, Art. I, Sec. 8, Cl. 3; "United States v. Darby," 312 U.S. 100.) The reach of the Commerce Clause extends beyond Federal regulation of the channels and instrumentalities of interstate commerce so as to empower Congress to regulate conditions or activities which affect commerce even though the activity or condition may itself not be commerce and may be purely intrastate in character. ("Gibbons v. Ogden," 9 Wheat. 1, 195; "United States v. Darby," supra; "Wickard v. Filburn, 317 U.S. 111, 117; and "Perez v. United States," 91 S. Ct. 1357 (1971).)

https://www.democraticunderground.com/100215840218

OSHA act of 1970 Section 5 Duties. "recognized hazards"

https://www.osha.gov/laws-regs/oshact/section5-duties

(a) Each employer --

(1)
29 USC 654
shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees;

(2)
shall comply with occupational safety and health standards promulgated under this Act.

(b)
Each employee shall comply with occupational safety and health standards and all rules, regulations, and orders issued pursuant to this Act which are applicable to his own actions and conduct.