Posted on 11/06/2021 11:30:11 AM PDT by janetjanet998
JUST IN - 5th Circuit panel believes the OSHA vaccine mandate has "grave statutory and constitutional issues". Biden admin ordered to respond by 11-8-21.
Federal Court of Appeals just issued a temporary halt to Biden’s vaccine mandate, Texas Governor Abbott announces.
But that nothing to effect private businesses from making their employees get it? And military is already vaxxed, nothing for them? It was all a big scare tactic virtue signaling ruse to get this injected into them
But that nothing to effect private businesses from making their employees get it? And military is already vaxxed, nothing for them? It was all a big scare tactic virtue signaling ruse to get this injected into them
Any concerns about ripeness?
Seems to me that claims that the issue is not ripe until January 4 ignores the significant prep work businesses must do to develop systems to track who has vaccinations, who is getting tested, how test results get transmitted to the employers, etc - meaning real money is going to be spent prior to January 4.
Wow. That was quick decision. District court case must have started weeks ago, before the regulation was published and became effective.
I agree in a way that this is temporary. OSHA has no power in this area. Or isn’t supposed to.
Get the same regulation pushed by CDC, or in legislation, and the calculus changes.
Yes, legally aren’t they REALLY the ones an “Executive Order” affects.
Yes, legally aren’t they REALLY the ones an “Executive Order” affects.
Thanks for that. This is the ENTIRE ruling, minus next week deadlines for forhter input from the parties.
Before the court is the petitioners’ emergency motion to stay enforcement of the Occupational Safety and Health Administration’s November 5, 2021 Emergency Temporary Standard 2 (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.
Straight to the appellate court (parties being state vs. fed is likely angle to get that degree of service), decision in ONE DAY.
Bam!
Bam!
Take that, you morons!
Let’s go Brandon!
Once it’s published in the federal registrar it’s ripe. No issue there. It’s no longer a possibility, it’s done and the business has to start preparation immediately.
This applies to everyody under the ETS, which is “employers > 100 emplyees, excluding government contracors covered by EO 10042” (or whatever the EO is)
The EO has also been hammered in a separate lawsuit .... https://www.naturalnews.com/2021-11-02-federal-judge-blocks-biden-regime-firing-federal-workers.html
The ETS is effective immediately, even though empoyers are given a couple months to implement. The issue is ripe for sure.
Separately, in it’s publication, OSHA asked for comments so that it could issue a final rule - ostensibly to replace the ETS. This is a belts and suspenders, in case the hazard is found “not grave” (required for ETS), OSHA falls back to weaker language on gravity of the risk, even though it is not a workplace hazard, per se, any more than the common cold, influenza, or any other communicable disease is a workplace hazard.
I’m sorry. I’m still not understanding. Are healthcare workers included? I thought when the ETS came out this week that they were.....but I don’t see them mentioned in the lawsuit.
The mandate is currently being pushed with two separate federal regulations. I imagine either one could cover healthcare workers.
Biden’s EO operates against all federal contractors. There are probably health operations that are government contractors.
The OSHA regulation applies to all employers with more than 100 employees. Plenty of healthcare operations in that group.
Separately there are state mandates. I know Maine has one direted to healthcare workers, and that has so far been upheld with the issue being the regulation has no exception for religous objection. Court says “tha’s fine, there is no obligation to accomodate religious objection.”
The CDC has changed the definition of vaccine. I hope someone like Judicial Watch or others enters a friend of the court plea in this case and points out that vaccination, now only means something that has increased the body's immune response to a disease.
Getting lots of sleep, taking Vitamin C, surviving Covid-19 all can be viewed and increasing one's immune response.
Therefore the vaccination mandate under the CDC’s definition can mean just about anything qualifies and hence the mandate is meaningless.
It would be nice to hoist the Biden Administration CDC with their petard. Karma can sometimes be so fascinating to watch.
My son (who just happens to live in Texas) has until Monday to show proof of vaccination or be terminated...does he have any relief from this deadline because of this ruling?
either submit to the globalist agenda or die
Oh, good grief. 🙄 Get out of here with that, Dismal Debbie.
Do they pay you per hour or per post?
Seems to me that claims that the issue is not ripe until January 4 ignores the significant prep work businesses must do to develop systems to track who has vaccinations, who is getting tested, how test results get transmitted to the employers, etc - meaning real money is going to be spent prior to January 4.
Well, hopefully, any “prep work” and “real money” being spent, by these businesses, for these forced shots, would be to fight these unconstitutional mandates.....not to TRACK EMPLOYEES shot status, furry.
But, NOT surprised to see you suggesting that “good money” and “prep work”, by these cornered businesses, by this regime, should be for jab tracking/status.
Btw.....this is a conservative, NON-jab-mandate site, in case you’ve forgotten that....
See, here....
Mandating the vaccine is wrong. Depriving Americans of their God-given fundamental rights is evil.
Government working through powerful corporate interests to deprive us of our God-given rights (’for our own good’) is a slippery slope to totalitarianism.
48 posted on 8/31/2021, 8:17:12 AM by Jim Robinson (Resistance to tyranny is obedience to God.)
And, this....
https://freerepublic.com/focus/f-news/3990513/posts
“The government does not have the right to force a jab”
It actually does, proven many times in court. And for something like smallpox, that is a good thing.
I don't know. I'd have to have a rough idea of WHY the employer has introduced the workplace regulation. Those reasons can be all over the place, including reasons that have ZERO rrelationship with government regulation.
I wish him and you good luck and clear thinking. We are all in the best of hands, and these days are a reminder that life on earth is the devil's playground.
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