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A Conservative-Majority Appeals Court Has Been Chosen to Decide on Biden’s Private Employer Vaccine Mandate
Epoch Times ^ | 11/17/2021 | Zachary Steiber

Posted on 11/17/2021 8:38:04 PM PST by SeekAndFind

An appeals court dominated by Republican-nominated judges was chosen at random Tuesday to deal with the flurry of lawsuits against the Biden administration’s private business COVID-19 vaccine mandate.

The U.S. Court of Appeals for the Sixth Circuit was the winner of a lottery that was triggered by multiple appeals courts receiving challenges to the mandate, which was promulgated at the behest of President Joe Biden and would affect every business with 100 or more workers if it’s allowed to take effect.

Thirty-four petitions for review, or suits, were filed against the mandate. At least one petition was filed in every single court of appeals in the nation.

Federal law says that challenges to a rule in multiple appeals courts shall lead to a lottery, from which one court is picked. That court then handles the cases, which are consolidated.

The Sixth Circuit oversees Kentucky, Michigan, Ohio, and Tennessee. Active and senior status judges include six nominees of former President Donald Trump, eight nominees of former President George W. Bush, three nominees of former President George H. W. Bush, three nominees of former President Ronald Reagan, five nominees of former President Bill Clinton, and two nominees of former President Barack Obama. That means 20 of the 27 judges were nominated by Republican presidents.

“It’s not good news for Biden,” Lawrence Gostin, director of the O’Neill Institute for National and Global Health Law, wrote on Twitter.

A Sixth Circuit panel will decide whether to keep in place a stay of the mandate that was ordered on Nov. 6 by three Republican-nominated judges on the U.S. Court of Appeals for the Fifth Circuit.

The judges said the mandate raised “grave statutory and constitutional issues.”

In a longer opinion reaffirming the stay, the panel said the mandate imposes a financial burden on businesses, “exposes them to severe financial risk if they refuse or fail to comply, and threatens to decimate their workforces (and business prospects) by forcing unwilling employees to take their shots, take their tests, or hit the road.”

Three judges in the newly chosen circuit will be randomly picked to hear the case. Their decision can be appealed to the full court.

The Supreme Court is expected to ultimately rule on whether the mandate is legal.

Plaintiffs argue the mandate is outside the authority of the Department of Labor’s Occupational Safety and Health Administration (OSHA), which issued it earlier this month. They say the Biden administration failed to explain why such a mandate is needed now, when the COVID-19 pandemic started in March 2020 and vaccines have been available since late last year.

“This mandate represents the greatest overreach by the federal government in a generation. It is illegal and unconstitutional and we are committed to ensuring it never sees the light of day,” Patrick Hughes, president and co-founder of the Liberty Justice Center, and one of the lawyers fighting the mandate, said in a recent statement.

Biden administration officials have defended the vaccination requirement, arguing OSHA can impose measures to keep workers safe.

“If OSHA can tell people to wear a hard hat on the job, to be careful around chemicals, it can put in place these simple measures to keep our workers safe,” Ron Klain, the White House chief of staff, said on NBC over the weekend.



TOPICS: Constitution/Conservatism; Culture/Society; Front Page News; Government
KEYWORDS: conservatives; court; vaccinemandate
THE DONALD TRUMP LEGACY OF DEFENDING THE CONSTITUTION AND OUR FREEDOM LIVES ON !!
1 posted on 11/17/2021 8:38:04 PM PST by SeekAndFind
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To: SeekAndFind

If Biden loses, the MSM-Democrats will rev up their frenzied demands for court-packing, except they’ll extend it to the circuit courts.


2 posted on 11/17/2021 8:41:05 PM PST by Steely Tom ([Voter Fraud] == [Civil War])
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To: Steely Tom

Biden is already KILLING the MSM-Democrats just by being a complete embarrassment to them.

The MSM-Democrats are after all uniformly smug, snobbish, conceited, know-it-alls. They’re not much longer going to allow themselves to be identified with this inept, laughable “Administration.”


3 posted on 11/17/2021 9:02:52 PM PST by JennysCool ("It's easier to fool people than to convince them that they have been fooled." - Mark Twain)
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To: SeekAndFind

Good omen for defeating unconstitutional mandate but the left will condemn “right wing judges impeding science”.


4 posted on 11/17/2021 9:16:45 PM PST by Rowdyone (Vigilence)
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To: SeekAndFind

I think Democrats will increasingly be happy with the court throwing out the mandate as it is killing them. They don’t have the political will to reverse it, so easier to let the bad, mean court do it.


5 posted on 11/17/2021 9:31:26 PM PST by Reno89519 (FJB. Respect America, Embrace America, Buy American, Hire American.)
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To: SeekAndFind

Sane Democrats (oxymoron?) are probably hoping this vax mandate somehow goes away before things come to a head and the supply chain implodes. Because once that happens, it’s all on Biden and the Democrats. There is no blaming Trump or the Republicans. So their only hope right now is it being nullified through the courts.


6 posted on 11/17/2021 9:38:37 PM PST by AlaskaErik (In time of peace, prepare for war.)
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To: SeekAndFind

Don’t count your chickens before they chicken.....


7 posted on 11/17/2021 9:47:38 PM PST by Lurkinanloomin ( (Natural born citizens are born here of citizen parents)(Know Islam, No Peace-No Islam, Know Peace)
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To: SeekAndFind

bookmark


8 posted on 11/17/2021 11:23:42 PM PST by GOP Poet (Super cool you can change your tag line EVERYTIME you post!! :D. (Small things make me happy))
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To: SeekAndFind

If these judges were recommended by the Federalist Society then they will vote with the corporations rather than with the Constitution.


9 posted on 11/17/2021 11:35:41 PM PST by who_would_fardels_bear (This is not a tagline.)
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To: Lurkinanloomin

Sage advice.


10 posted on 11/18/2021 12:07:26 AM PST by BradyLS (DO NOT FEED THE BEARS!)
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To: SeekAndFind
Um, it's NOT a conservative majority.

It's simply that the Bush and Trump nominees outnumber the Obama and Clinton ones.

11 posted on 11/18/2021 4:29:18 AM PST by HandBasketHell
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To: Reno89519
I think Democrats will increasingly be happy with the court throwing out the mandate as it is killing them. They don’t have the political will to reverse it, so easier to let the bad, mean court do it.

My gut feeling is that the Dems have known all along that the clot-shot mandate is unconstitutional and that they would lose with SCOTUS. Hence the reason for the full-court bully tactics to coerce as many people as possible to take it. Hence the looming deadlines forcing people to choose between jab or job. So when this is ultimately struck down by SCOTUS, the Dems will have succeeded in getting a large number of people vaccinated through their strong-arm tactics that would have never taken the jab if they had been allowed to choose freely.

12 posted on 11/18/2021 4:33:11 AM PST by HandBasketHell
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To: SeekAndFind

https://aaronsiri.substack.com/p/fda-asks-federal-judge-to-grant-it?justPublished=true


13 posted on 11/18/2021 5:12:52 AM PST by Captain7seas
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To: HandBasketHell
the Dems will have succeeded in getting a large number of people vaccinated through their strong-arm tactics

they've succeeded in panicking my company, so I am speaking up, making sure they are aware of the actual legal status of the OSHA emergency order on vaccines...

14 posted on 11/18/2021 5:48:54 AM PST by ghost of nixon
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To: SeekAndFind

If they can mandate clot shots, what’s to keep them from mandating sterilization to meet their climate change goals? A mandated medical procedure is a mandated medical procedure. If they can enslave us on this, why not enslave us on that?


15 posted on 11/18/2021 5:55:19 AM PST by 1819N
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To: Steely Tom

The WHITE HOUSE & Congress & various Federal Agencies are EXEMPT, Klein-—

HOW safe is YOUR working place???????

Another game of “Do as I say-—NOT as I Do” ?????


16 posted on 11/18/2021 6:38:06 AM PST by ridesthemiles ( )
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To: SeekAndFind

The virus numbers are going down. And with it the dem argument for vaxxing.


17 posted on 11/18/2021 6:53:05 AM PST by lurk ( )
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To: who_would_fardels_bear

# If these judges were recommended by the Federalist Society then they will vote with the corporations rather than with the Constitution.

Yup. The corporate states of America...


18 posted on 11/18/2021 7:39:43 AM PST by zeugma (Stop deluding yourself that America is still a free country.)
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To: lurk

OSHA is probably praying for the “mandate” to be tossed so they don’t join all of the other institutions in the Lake of Liars and Frauds.


19 posted on 11/18/2021 7:44:09 AM PST by JCL3 (As Richard Feynman might have said, this is reality taking precedence over public relations.)
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To: SeekAndFind

I worry about claims that a court having judges appointed by Republicans means that it will make decisions that are in accordance with the Constitution.


20 posted on 11/18/2021 9:26:12 PM PST by Arcadian Empire (The Baric-Daszak-Fauci spike protein, by itself, is deadly.)
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