Posted on 11/13/2021 3:46:00 AM PST by MtnClimber
In a decision written with rare clarity, an exceptional grasp of facts, and the cool, rational application of law, the 5th Circuit completely destroys the mandate.
Despite (or perhaps because of) a long career spent reading judicial decisions, I really hate reading cases. A stellar exception arose on Friday, when the Fifth Circuit issued its decision in BST Holdings, L.L.C. et al. v. OSHA, reaffirming the initial stay it granted when multiple entities and individuals challenged OSHA’s recently issued vaccine mandate. In one brutal paragraph after another, the Court rips apart the mandate, citing law, facts, OSHA precedent, and even a Ron Klain tweet. It’s a tour de force that makes it unlikely that any halfway honest court can or would resuscitate the mandate or that either OSHA or even Congress could try again.
There are a few dates you should know: In June 2020, when fear about COVID was at a peak, OSHA “reasonably determined” that an emergency temporary standard (“ETS”) was unnecessary. Over a year later, on September 9, 2021, Biden announced that he was going to impose a national vaccine mandate. That same day, Ron Klain retweeted a Stephanie Ruhle tweet stating that the vaccine “is the ultimate work-around for the Federal govt to require vaccinations.” Finally, almost two months later, on November 5, OSHA finally got around to promulgating the ETS.
And there are two facts you need to know: Congress created OSHA
[T]o assure Americans ‘safe and healthful working conditions and to preserve our human resources.’ ... It was not—and likely could not be, under the Commerce Clause and nondelegation doctrine—intended to authorize a workplace safety administration in the deep recesses of the federal bureaucracy to make sweeping pronouncements on matters of public health affecting every member of society in the profoundest of ways.
(Excerpt) Read more at americanthinker.com ...
I expect Biden to direct companies to implement the mandate on their own. There are plenty of leftist CEOs that will do it.
bkmk
All you have to do is look at the death rate of this virus and that alone should destroy this narrative. If the rate is anywhere near the flu or cold then they need to equally mandate cards and vaccines for those too
If enough CEOs were willing to do that, Deep State wouldn’t have issued the mandate.
The only question is whether or not Deep State will opt to stick with the mandate all the way to a SCOTUS decision that will finally make it clear to those still in denial that the US is no longer a republic.
CoupFlu has NEVER been about public health.
Didn’t the CDC basically thumb their nose at the courts over the eviction moratorium? What’s to stop OSHA from doing the same with the vaccine mandate?
Don’t give em any ideas.
As it is, there are lunatics already advocating for endless masks to prevent flu and colds.
So what is the penultimate approach they will back off to?
Their power to withhold otherwise widespread grants without which individual businesses can be made uncompetitive?
That is how they have controlled states, municipalities, strategic industries, and higher ed for decades now.
Biden can’t direct any private business to do anything period. He has no authority.
He can ask and they can respond with a simple FU.
I think Biden will ASK companies to implement the mandate. Too many CEOs are democRAT control freaks and I think those will comply. There will be an implied reward system from the government for those who do this. Just watch.
We’d get better public health result by mandating maximum body mass index and similar health-related individual qualities. Cholesterol, blood pressure, exercise regimen, and so on.
If the government has the power to mandate a vax for public health, why not the power to limit caloric intake for public health? Mandatory calisthenics and stretching at work.
You and I both know that. The problem: America's companies are run primarily by leftist CEO's.
I hope they all get fired soon. The great resignation is well underway. 4.3m people quit in August, another 4.4m quit in September. October's numbers are coming out soon. Can't wait to see those. That's what tells the real story of what's happening in this country.
Take this job (and this vaccine) and shove it!
The “private’ businesses are cramming CRT down their employees throats all on their own. It’s like business, “education” and government are in a 24/7 Zoom meeting with Chinese encryption, directing the entire destruction of America.
Joe doesn’t even have to direct business, at this point. Some businesses will certainly lead on their own. He simply has to support them and punish the rest to get the point across.
I know who the next three SCOTUS appointees should be.
To my mind, unless this stay order is undone by the supreme court, any company that chose to ignore the stay order would be operating extrajudicially and exposed to damage claims by practically everybody.
It doesn’t. But the basic principles of those CMS suits should be practically identical.
The problem is I don’t know of any suits and the deadline is not all that far away,
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