I expect Biden to direct companies to implement the mandate on their own. There are plenty of leftist CEOs that will do it.
bkmk
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?
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.
I know who the next three SCOTUS appointees should be.
I’ve done the same and I totally agree.
What people need to realize is that Ron Klain is Pseudo President! Obama had Valerie Jarrett to run the White Hut with an iron fist with the purpose to destroy the Republic. Joe has Ron Klain… Ron has the worst job in America! He has to control Joe Biden and portray to the entire world that Joe is in charge! Joe is not in charge. Every time Joe goes on the stage he is a disaster. This vaccine mandate has exposed Pseudo President Klain. The alternative media needs to corner Klain and get his statement on why he, not Joe, worked with OSHA to try and destroy the country with these unlawful mandates.
From the Fifth Circuit opinion:
“There is no clear expression of congressional intent in § 655(c) to convey OSHA such broad authority [to issue the Mandate], and this court will not infer one. Nor can the Article II executive breathe new power into OSHA’s authority—no matter how thin patience wears.”
Direct shot at Crazy Joe!
The problem is there are multiple lawsuits in other Federal Circuit Courts. The usual procedure is to combine the lawsuits and randomly select one Circuit Court to rule on the lawsuits. I’m guessing the 9th Circuit will probably be ‘randomly’ picked and after giving the matter deep thought will dismiss the suits.
I read the whole thing!
WOW! Just WOW!
If I find time, I would like to highlight for everyone all the STUNNING slap downs this opinion gives OSHA, but there are SO MANY!
Here is just one from a second judge’s concurring opinion.
“Stuart Kyle Duncan, Circuit Judge, concurring:
In addition to the many reasons ably identified by Judge Engelhardt’s opinion, I underscore one reason why these challenges to OSHA’s unprecedented mandate are virtually certain to succeed.”
“Whether Congress could enact such a sweeping mandate under its interstate commerce power would pose a hard question.
See NFIB v. Sebelius, 567 U.S. 519, 549–61 (2012).
Whether OSHA can do so does not.
I concur in granting a stay.
Case: 21-60845 Document: 00516091902 Page: 22 Date Filed: 11/12/2021
“unprecedented” mandate
“virtually “certain” to succeed.”
The OSHA mandate is TOAST!
Read the entire opinion. You will be glad you did. About time for some VERY GOOD news.
Oh, BTW, its in English, not legalize.
Slowly but surely the vaxxers are losing. This judical stay deals a death blow to the mandate. There are plenty of other law suits waiting in the wings should this one fail for some reason.
Wow, the Fifth Circuit’s plainly written opinion strips the bark right off the tree. A must read IMO.