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Here Are Some Possible Avenues for Legal Challenges to Biden's Vaccine Mandate
PJ Media ^ | 09/11/2021 | Rick Moran

Posted on 09/11/2021 5:53:48 PM PDT by SeekAndFind

Whether the federal government can compel citizens to get vaccinated is a question that will be decided in federal court. And there are several ways to challenge the mandate, any of which may prove to have limited success.

The challenges will come to the mandate’s legal mechanism: an emergency rule issued by the Occupational Safety and Health Administration. The fact that it’s an “emergency rule” means it can bypass the usual regulatory safeguards and hit the public with the full force of law without comment or argument.

Reason.com:

Of the nine emergency standards issued between 1971 and 1983, three (dealing with asbestos, vinyl chloride, and the soil fumigant DBCP) were not challenged. Of the six that were challenged in court, four (dealing with asbestos, benzene, organophosphorus pesticides, and diving operations) were stayed or vacated, one (dealing with various carcinogens) was partly vacated, and one (dealing with vinyl cyanide) was upheld. In other words, legal challenges were partly or fully successful 83 percent of the time.

Another possible challenge could come in the way the emergency rule is worded. The law says that OSHA must determine that there’s a “grave danger” to employees and that the action proposed by OSHA must be “necessary.”

There is precedent for an OSHA rule being rejected because the agency failed to adequately prove the “grave danger” or “necessary” standard.

In 1984, the U.S. Court of Appeals for the 5th Circuit rejected an ETS lowering the limit for workplace asbestos exposure. The court said OSHA had failed to adequately support its finding of “grave danger,” which was based largely on its claim that the six-month emergency standard would prevent 80 deaths from asbestos exposure. “It is apparent from an examination of the record,” the 5th Circuit said, “that the actual number of lives saved is uncertain,


(Excerpt) Read more at pjmedia.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Government; News/Current Events
KEYWORDS: biden; legalchallenge; vaccinemandate
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To: SeekAndFind

If vaccinated employees need to be protected from unvaccinated employees those same vaccinated employees would also need to be protected from unvaccinated customers, by statute, since the regulation would not be legally valid if the statute did not apply.

The best (and likely the only legally allowable) means would be requiring would-be customers to prove they are fully vaccinated. Such a vaccine passport system would crash major parts of the economy, such as retail stores & restaurants.

It would wreck havoc on the service sector:

I have a bad plumbing leak.

Are you fully vaccinated?

No.

Would you like us to send a plumber to turn off your water?


21 posted on 09/11/2021 7:33:18 PM PDT by Brian Griffin
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To: blueplum

So where does one get a ‘religious’ jurisdiction from? >>> Liberty council says it is an individual exemption and doesn’t require church or pastors.


22 posted on 09/11/2021 7:33:46 PM PDT by kvanbrunt2
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To: SeekAndFind

Nice store/restaurant you have here, Mr. Walton.

Are you aware of Biden’s OSHA order?

If you allow customers who are not fully vaccinated into your place of business you are exposing your employees to what OSHA officially thinks is a “serious recognized hazard”.


23 posted on 09/11/2021 7:37:10 PM PDT by Brian Griffin
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To: Brian Griffin

Sales tax revenue might decline 20 to 35% if unvaccinated customers are barred from workplaces.


24 posted on 09/11/2021 7:38:20 PM PDT by Brian Griffin
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To: SeekAndFind

Vaccines are made and sold under contract.

There may not be enough vaccine doses and tests.

If the courts make a decision to support Biden, that legal decision might cause the economy to choke up.


25 posted on 09/11/2021 7:44:33 PM PDT by Brian Griffin
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To: knarf

You can still punch anyone you want in the face. There are going to be consequences though, just like always.


26 posted on 09/11/2021 8:14:28 PM PDT by Durus (You can avoid reality, but you cannot avoid the consequences of avoiding reality. Ayn Rand)
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To: SeekAndFind

According to the updated CDC definition of vaccine ,I am vaccinated


27 posted on 09/11/2021 9:14:09 PM PDT by NoLibZone (In 2 yrs only living will be conservative Christians Liberal vaxed sheep will be dead.Trust G's plan)
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To: NoLibZone

Which vaccine did you take?


28 posted on 09/11/2021 9:44:48 PM PDT by SeekAndFind
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To: kvanbrunt2

Lookk up peggy hall on you tube. She also has a lot of information on the healthy american. You can go to that website. Also pastor JD. He gives them to you free.
Pastor JD farag.or jdfarag.com


29 posted on 09/11/2021 9:52:14 PM PDT by peggy48 (Peggy48)
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To: SeekAndFind

Notice how Biden’s ham fisted vaccine mandate has driven news of his ham fisted Afghanistan pullout and abandonment of Americans off the front page?

It’s almost as if it was planned that way.....

It’s almost as if Biden’s puppet masters threw the leftist media a bone with instructions to run with it.....


30 posted on 09/11/2021 10:14:42 PM PDT by Iron Munro (SCOTUS 1939 US v Miller: Weapons to arm "well-regulated militia" protected under 2nd Amend)
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To: SeekAndFind

Vaccination (Sept 2021):

“The act of introducing a vaccine into the body to produce protection from a specific disease.”

The vaccines I have taken are:
Melatonin, zinc, Quercitin, D3, C, Famotidine


31 posted on 09/12/2021 11:52:35 AM PDT by NoLibZone (In 2 yrs only living will be conservative Christians Liberal vaxed sheep will be dead.Trust G's plan)
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