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To: ChicagoConservative27
"Since when did the CDC make laws????? "

Good question. Research shows,

The Federal government derives its authority for isolation and quarantine from the Commerce Clause of the U.S. Constitution. Under section 361 of the Public Health Service Act (42 U.S. Code § 264), the U.S. Secretary of Health and Human Services is authorized to take measures to prevent the entry and spread of communicable diseases from foreign countries into the United States and between states. The authority for carrying out these functions on a daily basis has been delegated to the Centers for Disease Control and Prevention (CDC). - https://www.hhs.gov/answers/public-health-and-safety/who-has-the-authority-to-enforce-isolation-and-quarantine/index.html

September 20, 2020Washington — Dr. Scott Gottlieb, the former head of the Food and Drug Administration (FDA), criticized a new policy by the Department of Health and Human Services (HHS) giving only the secretary the authority to sign off on new rules, saying the timing "makes no sense" and risks creating the perception that the agency he helmed is being bullied...The New York Times reported on Saturday that Health and Human Services Secretary Alex Azar signed a new order prohibiting the nation's top health agencies from signing any new rules, including those affecting medical products and vaccines.

According to the September 15 memo, which CBS News obtained, such power "is reserved to the Secretary" going forward...Just before leaving the FDA, Gottlieb himself recodified an Obama-era tobacco regulation because he was concerned that HHS, which oversees the FDA, would centralize the rule-making authority and question its legitimacy. - https://www.cbsnews.com/news/scott-gottlieb-hhs-centralize-control-agencies-fda-makes-no-sense-face-the-nation/

cope of CDC Authority Under Section 361 of April 13, 2021 the Public Health Service Act (PHSA) Wen W. Shen

Since the beginning of the Coronavirus Disease 2019 (COVID-19) pandemic, all levels of Legislative Attorney government have grappled with how to stem the spread of the disease. ..

Under the United States’ federalist system, states and the federal government share regulatory authority over public health matters, with states traditionally exercising the bulk of authority in this area. Consistent with this framework, states and localities have been at the leading edge of the United States’ pandemic response in many respects. For instance, to varying degrees, they issued mandates aimed at promoting the relevant public health measures, including temporary stay-at-home orders, restrictions on public gatherings, requirements to wear face coverings under specified circumstances, and quarantine requirements for out-of-state travelers. Because adherence to some of these measures—particularly ones that place restrictions on business operations—resulted in income losses for their residents and businesses, states have also issued orders aimed at alleviating the pandemic’s associated economic impact. For example, many states temporarily halted evictions or provided other housing support to assist households that have experienced pandemic-related income losses that rendered them unable to pay rent. The federal government’s pandemic response to date includes providing support to states through guidance, technical assistance, and funding, as well as providing certain direct assistance to private entities and individuals, including through several pandemic relief legislations.

The scale and nature of the pandemic have prompted some commentators to call for the imposition of public health orders at the federal level. In their view, coordinated federal action, rather than a patchwork of state-level orders, is the more effective approach to addressing COVID-19, given that the virus that causes COVID-19 is highly transmissible and can cause serious illness in some people. Commentators have considered whether Section 361 of the Public Health Service Act (PHSA) could serve as a source of authority for such federal executive action. Section 361 authorizes the Secretary of Health and Human Services (HHS Secretary)—who, in turn, delegated the authority to the Centers for Disease Control and Prevention (CDC) and the U.S. Food & Drug Administration (FDA)—to issue regulations “necessary” to prevent the foreign and interstate spread of communicable diseases.

In September 2020, the CDC—in the broadest invocation of its Section 361 authority to date—issued an order that nationally halted residential evictions for certain tenants under specified conditions. The CDC concluded that this eviction moratorium was necessary to prevent the interstate spread of COVID-19 because evictions could lead a sizeable portion of the population to become homeless or to relocate to new congregate living situations that increase the risk of COVID-19 transmission. The CDC’s order—which could be characterized as both a public health and an economic regulation—could raise larger questions about the scope of agency authority under Section 361, including the CDC’s authority to implement transmission control - https://www.everycrsreport.com/reports/R46758.html

14 posted on 05/05/2021 2:35:09 PM PDT by daniel1212 (Turn to the Lord Jesus as a damned+destitute sinner, trust Him to save + be baptized + follow Him!)
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To: daniel1212

Great post brother!😊


23 posted on 05/05/2021 2:52:25 PM PDT by jimbug
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To: daniel1212
The scale and nature of the pandemic have prompted some commentators to call for the imposition of public health orders at the federal level.

So "commentators" ("Obamanators?") are making laws, now? Congress is too busy fundraising?

35 posted on 05/05/2021 3:55:14 PM PDT by Mr. Jeeves ([CTRL]-[GALT]-[DELETE])
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