Posted on 11/17/2021 7:54:08 AM PST by hamburger hill
A three-judge panel on the Fifth Circuit Court of Appeals has now permanently blocked OSHA from implementing and enforcing its vaccine rule, which impacts employers nationwide.
This is not the end of the judicial review road for the vaccine rule. Challenges to the rule were filed in multiple federal circuit courts across the country. When there are multiple filings like these, a multi-circuit “lottery” system is utilized for purposes of consolidation and clarity. All of the appeals are consolidated before the circuit court selected in the blind lottery, which will then hear the challenge to the rule. That lottery is expected to take place on or about Monday, November 16th.
If the Fifth Circuit is not selected in the lottery, then another appeals court will have an opportunity to issue the controlling decision here (which could, among other things, lift the Fifth Circuit’s stay). After that, regardless of the outcome, the Supreme Court will likely have the final word.
Now would be a great time to drop all the other challenges, no?
The 6th Circuit has the case(s) now.
The only way to stop the cases is OSHA abandons its effort, and that isn’t going to happen.
If only all the businesses would see the light.
Ah, yes, BUT: I read the other day that Fearless Leader Bitem instructed businesses to ignore such a court ruling... A true symptom of a dictatorship.
No this merely stops it while the litigation is processed in the Courts. I don’t see anyway this does not end up in the Supreme Court untless they let stand a lower court ruling. I don’t think the Leftist justices on the Court will allow this The Left wants this massive expansion of Fed Govt power to much to fold their tents without a massive fight.
We won a battle here, the war goes on.
In 2026?
The king is not amused.
No, they'll just double down, as Marxists like to do.
I wish conservatives had half the commitment to their proclaimed values that leftists do.
First, the Fifth Circuit never entered a permanent injunction. Those only come after a full trial on the merits. What happened was that the Circuit first issued a short-term, emergency injunction until further briefing, and then issued what amounts to a preliminary injunction extending the duration of that emergency order until a full trial on the merits.
Of course, it's all in the hands of the Sixth Circuit now, which was a really good draw for us. Even if we get unlucky and draw a bad 3 judge panel that decides to lift the 5th Circuit's order, you could instantly ask for a en banc hearing from the whole 6th Circuit, and I'd bet my left doodad that the 5th Circuit's order will be upheld.
SCOTUS may never hear this case at all.
Miracles do happen:
I agree...I think it’s over.
p
FR Lawyers!
What think you?
>A true symptom of a dictatorship.
A true symptom of real (not the screamy internet insult type) fascism — merger of State and private enterprise.
Let the left cry, weep, & deride us. We are the pure bloods.
Great idea!
Thank you for the clarity.
I think the use of OSHA for this will be shot down by the courts.
This takes two shots. One to kill the Emergency Rule, and one to kill the “regular rule.”
This case is only on the Emergency rule. The regular rule isn;t in effect yet. when the rule is made regular, it’ll be challenged in District Courts.
Government often imposes its will by peristence and attrition - they wear you down. Going to court is expensive. Government doesn’t care because you pay their lawyers too.
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