Posted on 09/10/2021 12:09:10 PM PDT by karpov
President Joe Biden decreed on Thursday that private companies with more than 100 workers would have to make it a condition of employment for them to get vaccinated—either that, or take weekly tests for the virus. You may wonder: On what authority can Biden order this?
The White House is relying on the regulatory authority of the Labor Department's Occupational Safety and Health Administration (OSHA), an agency dating back to 1971, and in particular its seldom-used emergency powers. Some backers of Biden's action seem to think waving in OSHA's general direction, together with citing COVID-19's high death toll, is all the answer needed to questions about legality.
But it isn't. Courts have frequently struck down OSHA actions, especially when the agency has tried to issue the type of peremptory decree it calls an emergency temporary standard (ETS).
A word is in order about the two ways OSHA adopts rules. The standard, accepted way is to put them through the process known as "notice and comment," building a record that it is hoped will result in more rational standards and, whether or not it does that, prepares the way for judicial review by, for example, putting the agency on the record against major objections as to its rationale for the rule.
The emergency process bypasses these protections for the regulated and for judicial review as a check. True, the process as foreseen is one in which OSHA is supposed to start developing a rule the regular way, which would at some point catch it up with the need to base its rules on a reasoned public justification. But that comes afterward. In the meantime it can use the excuse of emergency to regulate first and explain later.
(Excerpt) Read more at reason.com ...
He has no authority.
Obama showed him with DACA that you can just do it.
Just like the Supreme Court was supposed to strike down ObamaCare and other stuff, right?
Biden’s handlers may have wanted to misdirect folks as they
quietly did many other things with more dire consequences.
Secret team biden,whoever they are,are creating chaos.
I suggested that red state governors should do the same with daily EOs that contradict everything secret team biden does.
When federal contractors start losing 20% or more of their workforce due to the mandates, and things start grinding to a halt, they are going to have to rethink this.
I'd give all this bull about a 90% chance of surviving completely intact.
I hope that’s how it works.
It’s bad policy. You won’t hear it from the administration or the fake news, but every single American that got the smallpox vaccine in the 19th century is now dead.
They will hire illegals and refugees.
It doesn’t matter if he has authority or the law on his side.
The corporations have just been given the signal that it’s ok with this administration to force this on employees.
Some will have job issues, sue and win. Others won’t win. All depends on the judge.
If the judge was appointed by either Bush, Clinton; Soetero or CornPop, you will lose.
I’d say it’s 65/35 win, if you get a Pres Trump judge. Maybe 70/30. Wish it was more but given what 3 SCOTUS picks have shown I’m not too confident.
“things start grinding to a halt, they are going to have to rethink this”
Unless grinding things to a halt is the desired outcome.
DoughtyOne wrote:
“Biden’s handlers may have wanted to misdirect folks as they
quietly did many other things with more dire consequences.”
Such as? That bill that will affect elections?
Defense contractors have requirements that the employees be US citizens.
I think they're outnumbered a wee bit. I was in a construction related field in FL for 25 years, electric sign business and I heard of one OSHA violation case.
To do what? Clean toilets and put up plaster board and roofs?
Such as the purging of patriot voices across the government
leadership and commissions.
If anyone is against what he is doing, they are gone.
Any RINOs coming along aren’t going to change that
meaningfully.
It’s the left getting a tighter and tighter grip on our
government top to bottom.
We are already seeing the damage by that sort of thing,
and it’s getting worse.
These mandates of his have a lot better chance, if deep
state operatives are all singing from the same Leftist
hymnal.
LOL, who is checking?-)
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