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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: Cboldt

I certainly wish for the day Wickard v. Filburn is overturned....


61 posted on 11/12/2021 6:38:31 PM PST by Paladin2 (Critical Marx Theory is The SOLUTION....)
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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 Circuit wouldn’t extend its Order.


62 posted on 11/12/2021 6:44:42 PM PST by Bruce Campbells Chin
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To: Paladin2
-- I certainly wish for the day Wickard v. Filburn is overturned... --

At last drawn back. It has enbaled all sorts of overreach. What's up with federal department of education? How can that be constitutional? "Commerce" says the courts.

63 posted on 11/12/2021 6:45:55 PM PST by Cboldt
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To: ducttape45

Legal jargon is often confusing to me. Did this court simply say, “Yeah, that’s what we ruled all right.”? They “affirmed “ their hold on the mandate.

Secondly, is this applicable to the entire country?


64 posted on 11/12/2021 6:53:24 PM PST by gitmo (If your theology doesn't become your biography, what good is it?)
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To: Enlightened1
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.

Let's hope they have enough sense to realize this. I'm not entirely confident many do!

65 posted on 11/12/2021 6:53:45 PM PST by ducttape45 ("Righteousness exalteth a nation; but sin is a reproach to any people." Proverbs 14:34)
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To: mewzilla
No. This was an easy case, and I'd have been shocked if they'd have found differently. If it is heard by SCOTUS - and there a shot the Administration doesn't even appeal at all - it'll be a win there as well. Perhaps even 6-3 or more.
66 posted on 11/12/2021 6:56:01 PM PST by Bruce Campbells Chin
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To: gitmo

This ruling encompasses the OSHA mandate that came down just recently. It doesn’t address the one regarding the military and federal workers. They basically said (and someone correct me if I’m wrong), “Hold your horses Xiden, this mandate goes way too far, it goes overboard, and you’re not giving folks the right to choose.”


67 posted on 11/12/2021 6:58:00 PM PST by ducttape45 ("Righteousness exalteth a nation; but sin is a reproach to any people." Proverbs 14:34)
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To: Cboldt
There is no automatic right of appeal above the circuit court.

The full case will actually be tried by the district court anyway, so that appeal would be heard by the Circuit court. This decision is only interlocutory, not a final order anyway.

68 posted on 11/12/2021 6:58:30 PM PST by Bruce Campbells Chin
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To: Enlightened1

This Order does not prevent employers from imposing a mandate on their own. Employer mandates may be subject to challenge on different grounds, but that is unaffected by this case.


69 posted on 11/12/2021 7:00:31 PM PST by Bruce Campbells Chin
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To: Bruce Campbells Chin

This case is in Circuit court as first impression, due to statutory construct of OSHA, and maybe the OSHA/ETS combo.

So, what you are saying is it will be sent to some selected District Court. When does that happen?


70 posted on 11/12/2021 7:03:30 PM PST by Cboldt
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To: mewzilla
"I wonder if folks who’ve already been fired have any recourse in light of this...?"

It's an interesting question, although not in light of this particular ruling (OSHA, fed gov).

Question - Under what lawful authority, can an employer mandate their current employee's to ingest/inject a medicine they don't want or need?

Presumably, this would be a state issue. However, again, what state law could such a mandate fall under, and is there no limit to what medicine a company could require employee's take?
Furthermore, what if the company in question does business / have locations in more than 1 state?

71 posted on 11/12/2021 7:04:07 PM PST by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: rxsid

I’m holding out for the mandatory shots of tequila ....


72 posted on 11/12/2021 7:08:29 PM PST by Cboldt
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To: ducttape45

Amen to that!


73 posted on 11/12/2021 7:39:28 PM PST by laplata
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To: Paladin2

Yeah, that was the poison pill that started it all. One chicken farmer under SCOTUS’ boot, and the Republic unraveled.


74 posted on 11/12/2021 9:08:35 PM PST by backwoods-engineer (But what do I know? I'm just a backwoods engineer.)
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To: Cboldt

I only skim read the PDF, but the court seemed to hit on most of the major issues and it sounds like the Brandon admin has done a terrible jib trying to defend this disaster.


75 posted on 11/12/2021 9:17:28 PM PST by matt04 ( )
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To: Cboldt

If it is such a “emergency” make them defend why they didn’t demand a mandate in early Feb during the “Holiday Surge” or waited months from announcement to posting to actual enforcement.

They can’t defend any of those.


76 posted on 11/12/2021 9:25:31 PM PST by matt04 ( )
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To: ProfessorGoldiloxx

I would love to see the reaction from the left if the Gov mandated testing and masks of the jabbed, citing the fact they can get and spread it and have no clue.


77 posted on 11/12/2021 9:27:59 PM PST by matt04 ( )
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To: Bruce Campbells Chin

Then employers will be found legally and criminally liable if they do this on their own for any employee injured or killed.

Rest assured it will open a wave of litigation against the companies doing it.

As soon as one executive goes to prison over it then their own their crusade will cease real quick.


78 posted on 11/13/2021 2:55:52 AM PST by Enlightened1
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To: rxsid

No they cannot legally do that. It violates the Americans For Disability Acts and the Nuremberg Code.


79 posted on 11/13/2021 3:07:25 AM PST by Enlightened1
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To: Bruce Campbells Chin

FWIW, I think the OSHA/ETS cases are decided and just die at the original jurisdiction, Circuit Court level.

ETS have a statutorily limited life of six months. ETS must be followed by a permanent rule. Those are litigated following the usual path starting at District Court.

https://crsreports.congress.gov/product/pdf/R/R46288 <- has summary of ETS cases


80 posted on 11/13/2021 4:04:06 AM PST by Cboldt
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