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U.S. appeals court affirms hold on Biden COVID-19 vaccine mandate
National Post ^ | 11/12/2021 | National Post

Posted on 11/12/2021 4:53:39 PM PST by ducttape45

A U.S. appeals court on Friday affirmed its decision to put on hold an order by President Joe Biden for companies with 100 workers or more to require COVID-19 vaccines, rejecting a challenge by his administration.

The 5th U.S. Circuit Court of Appeals in New Orleans upheld the ruling despite the Biden administration saying on Monday that halting implementation of the rule could lead to the deaths of dozens or even hundreds of workers.

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


TOPICS: Constitution/Conservatism; Government; News/Current Events
KEYWORDS: 3judgepanel; 5thcircuit; appeal; covid; edithjones; federalistsociety; fifthcircuit; joelitburohazthesadz; kurtdengelhardt; kurtengelhardt; kyleduncan; mandate; osha; reaganjudge; threejudgepanel; trumpjudge; vaccine; vaccines
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To: ducttape45

Any company trying to go ahead with the Biden mandate are legally liable.

Plus they cannot fire employees on a mandate that was struck down by federal courts.


41 posted on 11/12/2021 6:01:56 PM PST by Enlightened1
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To: Secret Agent Man

Yep.

A ray of sanity!


42 posted on 11/12/2021 6:05:12 PM 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: MNJohnnie
This is my favorite part ...

For similar reasons, a stay is firmly in the public interest. From economic uncertainty to workplace strife, the mere specter of the Mandate has contributed to untold economic upheaval in recent months. Of course, the principles at stake when it comes to the Mandate are not reducible to dollars and cents. The public interest is also served by maintaining our constitutional structure and maintaining the liberty of individuals to make intensely personal decisions according to their own convictions-even, or perhaps particularly, when those decisions frustrate government officials.

43 posted on 11/12/2021 6:07:26 PM PST by Cboldt
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To: Cboldt

I wonder if folks who’ve already been fired have any recourse in light of this...?


44 posted on 11/12/2021 6:09:51 PM PST by mewzilla (Those aren't masks. They're muzzles. )
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To: Cboldt
That is good I love this line too. I don't know how they could of made it any clearer to the regime then this

In addition, IT IS FURTHER ORDERED that OSHA take no steps to implement or enforce the Mandate until further court order.

45 posted on 11/12/2021 6:10:25 PM PST by MNJohnnie (They would have abandon leftism to achieve sanity. Freeper Olog-hai)
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To: mewzilla
-- I wonder if folks who've already been fired have any recourse in light of this...? --

I doubt it. This order comes one week after the OSHA mandate came out, and the OSHA madate didn;t have to apply to a worker until Jan 4.

People fired have been fired under different "authority" than the one covered in this case.

46 posted on 11/12/2021 6:12:21 PM PST by Cboldt
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To: ducttape45

I wonder if we’ll see all the foom and gloom crowd in here who were convinced that the Fifth C
ircuit wouldn’t extend the Order.


47 posted on 11/12/2021 6:13:40 PM PST by Bruce Campbells Chin
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To: Cboldt

Great news.

Great opinion.

Common sense from a court—I am shocked!


48 posted on 11/12/2021 6:15:14 PM PST by cgbg (A kleptocracy--if they can keep it. Think of it as the Cantillon Effect in action.)
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To: cgbg
-- Common sense from a court--I am shocked! --

Me too. Maybe some of these mandarins have their eyes open and are starting to get a hint that the people are pissed, and that the legitimacy and value of the institutions is being seriously questioned.

49 posted on 11/12/2021 6:19:08 PM PST by Cboldt
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To: Bruce Campbells Chin

Aren’t you just a bit surprised that Deep State doesn’t have its hooks into the 5th Circuit, too?

Conversely, Deep State could be using the courts to cover the fact that it sees the mandate doing it more harm than good at the moment and is happy to have the courts take responsibility for killing it.

That’s an awesomely fine 22 page decision.

Just wish we knew why we had it.


50 posted on 11/12/2021 6:19:16 PM PST by mewzilla (Those aren't masks. They're muzzles. )
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To: Cboldt

Thanks for posting the link.

That was a fun read. Apparently some Federal Judges believe in Personal Liberty still.


51 posted on 11/12/2021 6:21:52 PM PST by Paladin2 (Critical Marx Theory is The SOLUTION....)
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To: mewzilla

Seriously, this is an easy decision. OSHA is out of its lane. What’s next, CDC going to do wiring code? sort of thing. OSHA has no public health expertise, for one thing.

As if that isn’t enough, the claimed “emergency” nature is a separate fatal flaw.

Biden’s string pullers can just shuffle this to a different agency.


52 posted on 11/12/2021 6:23:24 PM PST by Cboldt
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To: ducttape45
"It is clear that a denial of the petitioners’ proposed stay would do them irreparable harm. For one, the Mandate threatens to substantially burden the liberty interests of reluctant individual recipients put to a choice between their job(s) and their jab(s)."

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

I encourage all to read this. It's a withering smack down of the mandate.

53 posted on 11/12/2021 6:23:41 PM PST by ealgeone
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To: ducttape45

All of us working in hospitals are part of a system receiving federal dollars through Medicare and those are BigBux. I think we’re in for some highs and lows in this battle.

My prayers continue..


54 posted on 11/12/2021 6:24:17 PM PST by SE Mom
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To: Cboldt

After the 2020 election court two-steps, I never presume any decision is easy.

These courts make all kinds on insane justifications and explanations to get whatever conclusions they want.


55 posted on 11/12/2021 6:25:10 PM PST by cgbg (A kleptocracy--if they can keep it. Think of it as the Cantillon Effect in action.)
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To: Cboldt

“noneconomic inactivity”

Now there is a new double negative for me.


56 posted on 11/12/2021 6:25:14 PM PST by Paladin2 (Critical Marx Theory is The SOLUTION....)
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To: Paladin2
-- Apparently some Federal Judges believe in Personal Liberty still. --

"It depends."

This is an easy case. OSHA out of its lane.

Judges would probably uphold a vax mandate imposed by a state, so they aren't so much for personal liberty as they are for assigning the boot to the right tyrant.

57 posted on 11/12/2021 6:26:07 PM PST by Cboldt
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To: Cboldt

We’re no longer a republic.

I take very little at face value anymore, including this.


58 posted on 11/12/2021 6:30:45 PM PST by mewzilla (Those aren't masks. They're muzzles. )
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To: cgbg
-- After the 2020 election court two-steps, I never presume any decision is easy. --

I'm not very experienced at this, been watching with educated eys for only about 25 years. Oiutcome depends on the court and on the nature of the case. I didn;t expect courts to deal with the election steal, and earlyu in covid the courts were as heavy handed as the toughest state actor - as long as the rules were even, any rule was okay (public safety). Lots of churches shut down - no problem to the courts.

This case just struck me as different. We're years in, downside risk is flu-like, and OSHA really is the wrong agency. It's time to let go. This will not be an unpopular of viewed as political decision. The tyrants just need to find a different agency.

59 posted on 11/12/2021 6:31:21 PM PST by Cboldt
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To: Paladin2
-- "noneconomic inactivity" --

New to me too. I foresee SCOTUS transmogrifying this to "all activity has an economic component, vaxed people cost more" or whatever.

60 posted on 11/12/2021 6:33:31 PM PST by Cboldt
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