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by runako 1659 days ago
Not to mention, this is exactly how representative government works. It's not controversial that we do not have a direct vote on Secretary of Defense, a position that arguably has more human impact as the head of CMS.
1 comments

Why are you moving the goal posts? No one said the population should directly vote on it. They said the representatives (who the people voted for) should be deciding through the legislature, not through a single appointed person.
> it is a Senate confirmed position - she was approved with a vote of 55-44 (with five R votes).

The elected representatives chose to delegate this power to the person they approved as the head of CMS. What principle would be involved in requiring Congress to execute its powers in a different manner (i.e. by not delegating), simply because one does not like the outcome in this case? Who would decide which powers Congress could delegate and which it had to exercise directly? Has someone already drafted the Amendment to the Constitution which would limit the powers of Congress in this way?

There's no reason in principle for Congress to directly make this decision about requirements placed on CMS contractors and not other aspects of vendor relations handled by CMS. (The narrow issue here is whether CMS can require its contractors to enforce vaccine mandates.)

> The elected representatives chose to delegate this power to the person they approved as the head of CMS.

The courts clearly disagree with you.

They haven't decided yet, but it sometimes happens that I disagree with a court ruling! Courts have known to get things wrong, too.

https://en.wikipedia.org/wiki/Dred_Scott_v._Sandford

No they don't. They've issued an injunction while they decide.