Since I am sure the Sunday Shows will ignore this, I urge all Freepers to ready the Court order blocking Bare Shelves Biden’s OSHA jab mandate game.
This is as about a complete, evisceration of the Biden’s regimes arguments as a Court might write. It is in easy to ready language and is eve wickedly funny in parts.
https://www.ca5.uscourts.gov/opinions/pub/21/21-60845-CV0.pdf
Here’s a clip from how the court destoryed the mandate:
............................
We next consider the necessity of the Mandate. The Mandate is
staggeringly overbroad. Applying to 2 out of 3 private-sector employees in
America, in workplaces as diverse as the country itself, the Mandate fails to
consider what is perhaps the most salient fact of all: the ongoing threat of
COVID-19 is more dangerous to some employees than to other employees. All
else equal, a 28 year-old trucker spending the bulk of his workday in the
solitude of his cab is simply less vulnerable to COVID-19 than a 62 year-old
prison janitor. Likewise, a naturally immune unvaccinated worker is
presumably at less risk than an unvaccinated worker who has never had the
virus. The list goes on, but one constant remains—the Mandate fails almost
completely to address, or even respond to, much of this reality and common
sense.
Moreover, earlier in the pandemic, the Agency recognized the
practical impossibility of tailoring an effective ETS in response to COVID19. See OSHA D.C. Circuit Brief at 16, 17, 21, 26 (“Based on substantial
evidence, OSHA determined that an ETS is not necessary both because there
are existing OSHA and non-OSHA standards that address COVID-19 and
because an ETS would actually be counterproductive. . . . To address all
employers and to do so with the requisite dispatch, an ETS would at best be
an enshrinement of these general and universally known measures that are
already enforceable through existing OSHA tools that require employers to
assess and address extant hazards. OSHA’s time and resources are better
spent issuing industry-specific guidance that adds real substance and permits
flexibility as we learn more about this virus. Given that we learn more about
COVID-19 every day, setting rules in stone through an ETS (and later a
Case: 21-60845 Document: 00516091902 Page: 13 Date Filed: 11/12/2021
No. 21-60845
14
permanent rule) may undermine worker protection by permanently
mandating precautions that later prove to be inefficacious. . . . [A]n ETS
could only enshrine broad legal standards that are already in place or direct
employers to develop COVID-19 response plans specific to their businesses,
something employers are already doing. Such a step would be superfluous at
best and could be counterproductive to ongoing state, local, and private
efforts. . . . Additionally, employers may choose any effective method to
abate a recognized hazard under the general duty clause. Contrary to AFLCIO’s argument, this flexibility is likely to improve worker safety, because
employers must choose a means of abatement that eliminates the hazard or
materially reduces it to the extent feasible.”). OSHA itself admitted that “an
ETS once issued could very well become ineffective or counterproductive, as
it may be informed by incomplete or ultimately inaccurate information.” Id.
at 30, 32–33 (acknowledging further that “[a]dequate safeguards for workers
could differ substantially based on geographic location, as the pandemic has
had dramatically different impacts on different parts of the country. State and
local requirements and guidance on COVID-19 are thus critical to employers
in determining how to best protect workers, and OSHA must retain flexibility
to adapt its advice regarding incorporation of such local guidance, where
appropriate. . . . [A]n ETS meant to broadly cover all workers with potential
exposure to COVID-19—effectively all workers across the country—would
have to be written at such a general level that it would risk providing very
little assistance at all
Thanks. I’ve heard some of the highlights on radio news breaks and lol’ed. I wonder whether Ms Sotomayor is busy crafting her counterpoints in the evenings?