Sixth Circuit Appeals Court Rules Against Vaccine Mandates in Ohio, Kentucky, and Tennessee

PJ Media ^ | 01/13/2023 | Rick Moran

[SeekAndFind]

The Sixth Circuit U.S. Court of Appeals in Cincinnati on Thursday affirmed a lower court’s ruling that the vaccine mandate for federal contract workers is unconstitutional.

The majority opinion stated that a broad interpretation of the mandate could provide the president “nearly unlimited authority to introduce requirements into federal contracts.”

The court said Biden wanted it “to ratify an exercise of proprietary authority that would permit him to unilaterally impose a healthcare decision on one-fifth of all employees in the United States. We decline to do so.”

Judge Kurt Engelhardt, writing for the majority, demonstrated the fallacy of the government’s case by adding, that”hypothetically, the president could mandate that all employees of federal contractors reduce their BMI [body mass index] below a certain number on the theory that obesity is a primary contributor to unhealthiness and absenteeism.”

The courts have largely upheld the vaccine mandate for healthcare workers, but for all other Americans — including the OSHA “vaccine or test” mandate — all courts so far have ruled the Biden administration overstepped its authority.

Judge James Graves’ dissent noted this was the first executive order under the Procurement Act to be struck down.

“When actions taken are in the mainstream of American businesses, that points towards permitting the executive order,” he wrote. “Economic factors would prevent the president from handicapping the contractor workforce with extreme contractual terms.”

Graves disputed the BMI comparison, saying if a president sought to impose “draconian measures outside the mainstream of American companies, he or she would hear from the people or from Congress.”

[Soul of the South]

“Graves disputed the BMI comparison, saying if a president sought to impose “draconian measures outside the mainstream of American companies, he or she would hear from the people or from Congress.””

They did hear from the American people but ignored the people. As to Congress, sadly we only heard from a few voices. The rest were silent in the face of tyranny.

[rmccullo]

Too late...damage done....

[2banana]

So...we all can be like the post office and congressional staff?

[tina07]

It’s unconstitutional for anyone to be forced, including healthcare workers.

[kiryandil]

Judge James Graves’ dissent noted this was the first executive order under the Procurement Act to be struck down.

Obama stooge Jimmy "Uncle Jim" Graves, selected by voice vote in the US Senate.

[kiryandil]

Appeal from the United States District Court for the Eastern District of Kentucky at Frankfort.

3:21-cv-00055—Gregory F. Van Tatenhove, District Judge.

Argued: July 21, 2022
Decided and Filed: January 12, 2023

Before: SILER, McKEAGUE, and LARSEN, Circuit Judges.

[chuckb87]

“It’s unconstitutional for anyone to be forced, including healthcare workers.”

You are correct.

[PGalt]

👍

[Theophilus]

Graves did have a point in that: why haven’t we held the congresscritters feet to the fire for this? Maybe after enough of the Boobus Americanus have died “suddenly and unexpectedly”, some decisive political actions will be taken.

[Svartalfiar]

“When actions taken are in the mainstream of American businesses, that points towards permitting the executive order,” he wrote. “Economic factors would prevent the president from handicapping the contractor workforce with extreme contractual terms.”

Uh, what? This guy is crazy high in the Fed Judicial system, and doesn't understand there's a short, relatively easy-to-read document that explicitly defines what FedGov is allowed to do? It's irrelevant if even every single person (not just "business mainstream") did something, that doesn't give FedGov the power to require it.