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5th Circuit Issues Emergency Stay on Vaccine Mandate
5th Circuit ^ | 5th Circuit

Posted on 11/06/2021 11:28:52 AM PDT by GMLORGMD

https://www.ca5.uscourts.gov/opinions/unpub/21/21-60845.0.pdf


TOPICS: Breaking News; Constitution/Conservatism; Government; Politics/Elections
KEYWORDS: 0; 1; 3; 3judgepanel; 5thcircuit; edithjones; federalistsociety; fifthcircuit; kurtdengelhardt; kurtengelhardt; kyleduncan; mandate; nolink; osha; pdfdownload; reaganjudge; threejudgepanel; trumpjudge; vaccine; vaccines
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To: ducttape45

CourtListener.com is where the Flynn docket is

https://www.courtlistener.com/docket/6234142/united-states-v-flynn/

They’ll likely have the bigger cases. Search there. SCOTUS has its own system, an each district and circuit has a webpage tha tincludes at least what they consider to be “important” judicial opinions.

Way better than getting it from the news reports.


121 posted on 11/06/2021 4:42:50 PM PDT by Cboldt
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To: GMLORGMD; Enlightened1; cgbg; FlipWilson; oldernittany; basalt; piusv; GreyFriar; ducttape45; ...
"Because the petitions give cause to believe there are grave statutory and constitutional issues with the Mandate, the Mandate is hereby STAYED pending further action by this court."

Hallelujah and Amen!

Enlightened1: It needs to be permanent.

Yes, yes it does. This is how that starts, by the way.

Don't wish too hard or you might hurt your neck! :-)

cgbg: It would be great to stop it here, but it needs to be stopped everywhere.

This OSHA Mandate is stopped dead in its tracks, everywhere, for now. You're allowed to celebrate!

FlipWilson: Here is how this will work. Some lefty Circuit will say "no problems with the OSHA mandate."

An ok guess, I guess, but wrong. Here's how it works. The OSHA Manadate is totally, completely, and absolutely STAYED until further action "by this court."

oldernittany: They can not issue a nationwide injunction... This ruling is only binding on these districts.

Oopsie nopie. It's a stay of the whole OSHA mandate.

piusv: So, even though this is currently only for those states, there is potential for this to go national?

No, the stay is good everywhere for now until further proceedings in the case. For the future of these proceedings, I'd much rather be on the side that just had an appellate court say the losing mandate has grave statutory and constitutional issues.

ducttape45: Does this cover EVERYONE (military, fed workers/contractors) or are we talking the 100 and over companies?

Everyone under the OSHA Mandate. Examples of these are listed at the top of the decision. Unfortunately, the fedgov and military orders are on separate paths outside this case and outside this ruling against OSHA. They'll need separate court wins.

ducttape45: I fear that until an "actual" temporary restraining order or injunction is approved and enforced, the Biden regime will continue to try and purge the government of the last vestiges of conservatism and Christianity.

I'm sure he will. But because of this ruling OSHA is currently powerless to enforce its Mandate, until this case is resolved.

backwoods-engineer: NO! Just TX, LA, MS (5th Circuit jurisdiction). Of course, if it was a ruling for the Left, a district judge's ruling applies to the entire universe. Different standards :-)

Just TX, MS, LA for now. But, see, if it was a ruling for the Left, it would apply to the entire universe.

we don’t have relief here in AL yet (just TX/LA/MS, which is the 5th’s jurisdiction). I hope it will be soon, or a certain manufacturer in this county will have to fire a stellar key employee...

Nice try, swing and miss though. Wrong on every single point (except for the stellar employee, I'm sure).

MIA_eccl1212: the left will not appeal this.... because it would advance and become multi district... they will stall and have separate but similar injunctions in other districts dividing our nation up into legal fiefdoms for carrying out their cultural covid genocide.

Nope, we're all good for now on this front. This OSHA private employer mandate is *STAYED* nationwide until further action by the courts in this case.

122 posted on 11/06/2021 4:56:07 PM PDT by AB AB AB (Dan Rather: "I think you can be an honest person and lie about any number of things.")
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To: backwoods-engineer

so there can be 11 different decisions for each circuit??...?....no...its a stay of a NATION WIDE mandate.....


123 posted on 11/06/2021 5:06:42 PM PDT by basalt (exas)
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To: AB AB AB
Nope, we're all good for now on this front. This OSHA private employer mandate is *STAYED* nationwide until further action by the courts in this case.

Let's hope more districts get on board with this and clamp down on the OSHA mandate, then the federal one as well.

124 posted on 11/06/2021 5:24:19 PM PDT by ducttape45 ("Righteousness exalteth a nation; but sin is a reproach to any people." Proverbs 14:34)
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To: ducttape45

From the doc linked below:

Before Jones, Duncan, and Engelhardt, Circuit Judges.
Per Curiam:*

Before the court is the petitioners’1 emergency motion to stay enforcement of the Occupational Safety and Health Administration’s November 5, 2021 Emergency Temporary Standard2 (the “Mandate”) pending expedited judicial review.

Because the petitions give cause to believe there are grave statutory and constitutional issues with the Mandate, the Mandate is hereby STAYED pending further action by this court.

https://www.ca5.uscourts.gov/opinions/unpub/21/21-60845.0.pdf


125 posted on 11/06/2021 5:24:27 PM PDT by _Jim (Save babies)
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To: Fury

Some here don’t seem to remember judges from Oregon and Hawaii shutting down our President. Oh well I guess short memories are not just an old geezer problem anymore.


126 posted on 11/06/2021 5:26:50 PM PDT by itsahoot (Many Republicans are secretly Democrats, no Democrats are secretly Republicans. Dan Bongino.)
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To: AB AB AB

great summation, thank you very much. what WILL likely happen next in this situation?


127 posted on 11/06/2021 5:44:23 PM PDT by spacejunkie2001
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To: basalt

Quote: “This OSHA Mandate is stopped dead in its tracks, everywhere, for now. You’re allowed to celebrate!”

I am going by the ACTUAL playbook the Obama admin followed with regard to Obamacare.

It was “stopped” but the Obama admin had another Cir. Court of Appeals ruling that upheld it, The Obama admin ignored the other Circuit snd treated the favorable ruling as it pending a decision by the Supreme Court,

The famous: “it’s a fee, now it’s a tax” ruling from Roberts ensued.


128 posted on 11/06/2021 5:54:03 PM PDT by FlipWilson
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To: piusv
Does this only apply to just businesses or does this also apply to healthcare workers at hospitals, etc that receive Medicare/Medicaid?

That's what I want to know as well. Hope we get a firm answer. I know of 2 doctors and some other healthcare workers who have said they would quit before getting the vaccine. A bunch have already quit the Mercy system because of the vaccine requirement. This will devastate an already devastated health care system in America.

129 posted on 11/06/2021 7:31:47 PM PDT by ozarkgirl ( )
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To: ozarkgirl

This will devastate an already devastated health care system in America.


All part of The Plan™

Look at every segment, of what keeps this country running, and, what they’re doing to destroy it.


130 posted on 11/06/2021 7:34:05 PM PDT by Jane Long (What we were told was a “conspiracy theory” in 2020 is now fact. 🙏🏻 Ps 33:12 )
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To: Bratch

If only that were true.

If only.

But the entire Washington DC political establishment is protected from the consequences of their political choices.


131 posted on 11/07/2021 1:21:29 AM PDT by rlmorel (Leftists are The Droplet of Sewage in a gallon of ultra-pure clean water.)
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To: glennaro

That is the core of the issue.

The rule is vax or exemption mask & test and it places the expense on the employee, not the employer.

What employer’s are doing is implementing vax only or no job. Which is the employer’s CHOICE. No shirt, no shoes, no service. But that business policy is discriminatory and violates a persons religion. This is where the lawsuit resides. But again, the problem rests with all the churches, pastors, etc. saying the vax is fine.

I do not think the ‘stay,’ will stop implementation.

To those of the religious exemption, I no longer think the argument is around fetal cell lines. This issue is around being conditioned to accept the MOTB. And refusal requires us to confess Jesus Christ before men.


132 posted on 11/07/2021 2:03:26 AM PST by EBH (Never trust the government or a politician . 1776-2021 May God Save Us.)
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To: EBH

I do think this is turning into the MOTB and if not the Mark, the Mark will soon show itself related to it somehow; however, I doubt it will work for those who claim that as their reason for exemption. At least the fetal lines are concrete. They can’t deny that they were/are used.

However, I’m still not understanding why any of us have to give a “reason” for a religious exemption. It was my understanding that one only had to claim that they have a “sincere religious objection” or something to that effect.


133 posted on 11/07/2021 3:34:19 AM PST by piusv (Francis didn't start the Fire)
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To: piusv

We are being called to confess Jesus Christ to the authorities. Luke 12:11

It isn’t just the job issue, it is everything. If Experian tracking your vax status isn’t creepy...I do not know what is or what else is needed to illustrate we are being conditioned.

No vax=no job.
No vax=no buy, sell.

https://www.yahoo.com/now/illinois-vax-verify-program-worst-200000199.html

“As more businesses, events, organizations, and others require proof of vaccination, Illinois residents will be able to confirm using Vax Verify that they have been vaccinated for COVID-19,” IDPH Director Dr. Ngozi Ezike said in a statement announcing the program. “With the current surge in cases, more people are making the decision to get a COVID-19 vaccine and this new tool will aid residents in confirming their vaccination where needed.”

Residents accessing the program must verify their information through consumer credit rating firm Experian and could use it for certain areas of concerts at the Illinois State Fair as early as Thursday.


134 posted on 11/07/2021 3:54:09 AM PST by EBH (Never trust the government or a politician . 1776-2021 May God Save Us.)
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To: cgbg

Would that be Nazi’s instead of Nanzi’s? I’ve never heard of Nanzi’s.


135 posted on 11/07/2021 4:52:23 AM PST by RetiredArmy (Free Will. GOD gives you the choice I accept or reject Him! Choose Him. It depends on you.)
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To: Jane Long

cling to the truth that God said ALL things work together for good for those that love Him and are called according to His purpose.

It’s painful to watch but I know that broken soil allows new life and that’s what this country needs.

The enemy does NOT win.


136 posted on 11/07/2021 6:31:07 AM PST by spacejunkie2001
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To: spacejunkie2001

AMEN!


137 posted on 11/07/2021 8:11:43 AM PST by Jane Long (What we were told was a “conspiracy theory” in 2020 is now fact. 🙏🏻 Ps 33:12 )
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To: spacejunkie2001
It's painful to watch but I know that broken soil allows
new life and that's what this country needs.

************

But you have to watch for the seeds that are to be planted.
Cross pollination can bring forth unwanted life to deal with.
Keep in mind that this country has been going thru cross
pollination sometime after Columbus sailed the Ocean Blue.
jmo

138 posted on 11/07/2021 8:31:31 AM PST by deport
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To: deport

but the seed of TRUTH brings forth the Life that Christ promised. Nothing can stop that


139 posted on 11/07/2021 8:57:12 AM PST by spacejunkie2001
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To: John S Mosby

“ The real leftie socialists have planned on using JoeBama (and it is Harris’s crew and obamaumao’s who puppet him and play him) as an “aviator’s glasses” modern day idiot socialist plant with known dementia.”
——————
Biden is Chauncey Gardener...with a lower IQ.

This guy, on the best day of his life, was on the left side of the IQ Bell Curve.


140 posted on 11/07/2021 9:30:25 AM PST by Ancesthntr (“The right to buy weapons is the right to be free.” ― A.E. Van Vogt, The Weapons Shops of Isher)
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