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Posted on 11/13/2021 8:42:37 AM PST by george76
A federal court has declined to lift its stay on the Biden administration’s vaccine mandate for businesses with 100 or more workers..
The New Orleans-based 5th U.S. Circuit Court of Appeals granted an emergency stay last Saturday of the requirement by the federal Occupational Safety and Health Administration that those workers be vaccinated by Jan. 4 or face mask requirements and weekly tests.
Lawyers for the Justice and Labor departments filed a response Monday in which they said stopping the mandate from taking effect will only prolong the COVID-19 pandemic and would “cost dozens or even hundreds of lives per day.”
But the appeals court rejected that argument Friday. Judge Kurt D. Engelhardt wrote that the 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,” Engelhardt wrote.
At least 27 states have filed legal challenges in at least six federal appeals courts after OSHA released its rules on Nov. 4.
(Excerpt) Read more at abcnews.go.com ...
I.e., they re-affirmed the stay.
I. e. Wrote an opinion that Biden’s cabal drafted an unconstitutionally overbroad overreach offensive to livery and our basic rights.
“Declines” to “lift “ the “stay”. Glad I learned boolean logic.
Yes
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Like the junta in DC will obey this. They will simply go the normal fascist route. They will claim to obey the ruling, call their corporate partners, and continue the mandates while crowing about “private businesses”.
I think quite a few businesses presume that policy is now the law and are already enforcing it. many people have already decided to leave their jobs because they too, thought the policy was now the rule and would be enforced. Some have made Tik Tok or YouTube videos showing their tearful departure from their job. Much damage has already been done from this government overreach.
But that's not the point, dammit, at least as far as the federal courts are concerned. It's unconstitutional.
Being that the mandates so far are all enacted by companies, with or without any federal requirement, This will have little effect on any mandate imposed by the risk averse corporations. Only adverse reactions to the vaccine to CEO’s and high officers of the said corporations will put a stop to this. Without liability corporations will continue to issue and enforce the mandates.
You can read the text of the Judgement here
It did not decline it smacked the snot of Bare Shevles Biden’s
regime.
This is in easy to ready language that leaves no wiggle room. it the most comprehensive rejection of the Mandate one could hope for from a Court
It also wickedly funny at points
https://www.ca5.uscourts.gov/opinions/pub/21/21-60845-CV0.pdf
Read the Judgement. It 20 pages of easy to read text
https://www.ca5.uscourts.gov/opinions/pub/21/21-60845-CV0.pdf
The reporting on this is garbage. The only way to really understand the scope of the slap down the Biden Regime got is to read the Judgment
“They declined to lift the stay”
vs.
“They affirmed the stay”
Nope, no bias here.
Ahh, but that is the rub. If companies still mandate the jab and their employees suffer side effects, the companies are not protected from liability. If they are forced to by the government, they have some protection, but if they are doing it on their own, they can be held liable for any damages caused.
OSHA: We are here to inspect your business.
BUSINESS: The Court said we don’t have to comply with the vaccine mandate.
OSHA: Oh, you did not impose that mandate voluntarily?
BUSINESS: No.
OSHA: Well, let’s have a look around and see what else we can find then.
Enemedia playing games, again.
Trucking Groups Could Lose 37% Of Drivers Over Biden Vaccine Mandate, Worsening Supply Chain Crisis..
https://freerepublic.com/focus/f-news/4010737/posts
This week, 11 supply chain trade groups joined forces against Biden’s employer-based COVID-19 vaccine mandate, filing a lawsuit with the U.S. Court of Appeals for the Fifth Circuit.
https://freerepublic.com/focus/f-news/4011728/posts
I read they made it permanent and the only recourse is to appeal to SCOTUS via Justice Alito.
The ball is back in the Corporate world now, and resistance is easier without govt backing. It becomes a numbers game. If employees stick together they can overcome individual business mandates.
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