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 ...
Nov 16th is the court lottery. Literally all the circuits that have been filed in will have their names put into a hat and drawn. That is who will hear And try this case.
This vaccine has been out for almost a year. Absolutely no reason that the federal government couldn't have tried to move a mandate through OSHA via normal rulemaking or even Congress 6+ months ago rather than issuing this last second "emergency" action.
On that basis alone this rule deserve to be laughed out of court. That's not to say that the rule isn't invalid for a bunch of other reasons as well, but that one fails right out the gate.
Too late. The 5th Circuit already has issued its Order, and the only body with the power to reverse that is the Supreme Court.
I don't believe that is the case. There are cases about the ETS in every Circuit Appeals Court. They will be consolidated (a Circuit will be selected from which to proceed) by means of a lottery in the upcoming week.
To challenge such firing successfully, it will be up to the employee to find a specific law prohibiting them from being fired for refusing to take the vaccine. There isn't any federal law that says that clearly and unambiguously, so they're going to have to find other statutes and argue that they apply in their case.
Some employees may win, but it isn't going to be a slam dunk.
No. This is just a temporary stay. It is not a ruling on the merits. That goes to the lottery on the 16th. This stay does not go the supreme court and will not be overturned because it expires once the circuit court gives its final ruling.
Yes. You are correct.
Exactly which legal body is going to issue the order for consolidation that will overturn the order already issued by the Fifth Circuit?
Still, having this rule in effect until the consolidated case panel issues orders is a big win. That's probably why the Fifth Circuit issued this order so quickly before the panel was in place.
Presumably, if/when the panel were to vacate that order, we would see an immediate appeal to SCOTUS, and I really like our chances there because OSHA's rule, not to mention the bogus emergency basis behind it, is on extraordinarily shaky ground.
I agree.
This response also cited various circuit court precedents. So whichever one gets it will have to face that and I think that alone would force SCOTUS to take the case if they were to contradict their own precedents. Those are just my thoughts though.
And honestly, I don't see how we lose this one at the Supreme Court. It's a terrible order, and I think we even get Roberts for this one. Minimum 5-4, probably more. I actually could see close to a unanimous order on the ground that this doesn't qualify as an emergency.
This is a temporary injunction. You are correct, the lottery is next. I haven’t seen the latest running count. I know that there were cases filed in the 11th, 8th, 7th and 5th Circuits.
We DO NOT want the 1st, 2nd, 10th, DC or 4th Circuit to end up with this.
If any of those get it, they WILL rubber stamp the mandate.
Yep!
Good chance you're right. But having SCOTUS come out and blast the mandate right from the top is a message that will really resonate in the country, and that cannot be evaded.
I think you are correct in your reading. This mandate is so far over the top and so far outside the scope of the authority delegated to OSHA and far outside the bounds of any normal ETS.
ETS are disfavored anyway. Off the top of my head, I think only 1 has been successfully implemented over a challenge.
This was such a crude and pathetic way to try an end run around delegated powers, that it is hard to believe that anyone would take the bait.
But there are a lot of “elite” lawyers that are fully on board with the idea of totalitarian mandates, and they will twist the law and the Constitution to achieve the ends that they want.
What do assess as the probability that the USSC agrees to hear the case?
I think they hear this. It’s too important of an issue with national implications, regardless of the outcome at the COA.
That's all based on my 90+% confidence that there are 5 votes on SCOTUS to strike down the mandate. Though I suppose there is a chance that the conservatives on the Court may be sufficiently agitated by this that they would want to write an Opinion blasting the whole thing so that it has much stronger precedential impact.
Can a company, lawfully, mandate all employee's get an influenza vaccine as a condition of their employment?
Can a company, lawfully, mandate every employee have their blood pressure recorded by a health care provider, and report their results back to HR?
Can a company, lawfully, mandate all male employee's get a prostate examination, or all female employee's get a mammogram, as a condition of their employment?
Can a company, lawfully, mandate all employee's receive a herpes zoster vaccination as a condition of their employment?
Can a company, lawfully, mandate all employee's take an aspirin once a day as a condition of their employment?
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