The Surgeon General Is A Commie!

"They're dumb, they don't understand history." - Joe Rogan on people calling for vaccine mandates

"To the contrary, vaccination requirements, like other public-health measures, have been common in this nation." - unanimous, all-GOP 7th Circuit panel (appointed by Reagan & Trump) https://t.co/wcdkacy9Cl

— Mehdi Hasan (@mehdirhasan) August 7, 2021

Presumably it could be ordered by the Surgeon General, who also has the authority to inspect, seize, and even destroy property:

§264. Regulations to control communicable diseases

(a) Promulgation and enforcement by Surgeon General

The Surgeon General, with the approval of the Secretary, is authorized to make and enforce such regulations as in his judgment are necessary to prevent the introduction, transmission, or spread of communicable diseases from foreign countries into the States or possessions, or from one State or possession into any other State or possession. For purposes of carrying out and enforcing such regulations, the Surgeon General may provide for such inspection, fumigation, disinfection, sanitation, pest extermination, destruction of animals or articles found to be so infected or contaminated as to be sources of dangerous infection to human beings, and other measures, as in his judgment may be necessary. 

And, contrary to Gov. Abbott's efforts, the authority to take immigrants into custody to prevent the spread of contagion is left to the Federal authorities, not the state ones:

(b) Apprehension, detention, or conditional release of individuals

Regulations prescribed under this section shall not provide for the apprehension, detention, or conditional release of individuals except for the purpose of preventing the introduction, transmission, or spread of such communicable diseases as may be specified from time to time in Executive orders of the President upon the recommendation of the Secretary, in consultation with the Surgeon General,1.

Yes, there is a preemption clause, but it just reinforces that Abbott has no power to take immigrants into custody because they may be contagious:

(e) Preemption

Nothing in this section or section 266 of this title, or the regulations promulgated under such sections, may be construed as superseding any provision under State law (including regulations and including provisions established by political subdivisions of States), except to the extent that such a provision conflicts with an exercise of Federal authority under this section or section 266 of this title. 

There are better grounds for the court's decision on the temporary injunction, but this serves as an example of how this issue of who's responsible for immigrants is woven deeply into Federal law.  So, back to the powers of the S.G.  We are told by the GOP, repeatedly, that mask mandates and vaccine mandates and all manner of protection of public health are tyrannical and nazification and the end of the republic as we know it.

Except the Surgeon General can promulgate regulations to prevent the transmission of disease from foreign countries or "from one State or possession into any other State or possession."  And the SG has had this authority since at least 1960.  How has the Republic survived this long?  The SG can also:

provide for such inspection, fumigation, disinfection, sanitation, pest extermination, destruction of animals or articles found to be so infected or contaminated as to be sources of dangerous infection to human beings, and other measures, as in his judgment may be necessary. 

What mad marxist concept of nazi tyranny did our forefathers from 1960, in the midst of the struggle with communism, bequeath to us?