Posted on 12/05/2021 5:29:59 AM PST by MNJohnnie
The Sixth Circuit Court has denied the federal government’s motion to transfer the Occupational Safety and Health Administration (OSHA) vaccine-or-test requirement lawsuit to a different court, while also rejecting the White House’s bid to dissolve a stay on the mandate, delivering a blow to the Biden administration’s efforts to press ahead with implementation.
In a Dec. 3 ruling, the Sixth Circuit Court denied the government’s motion to transfer the case to the Fifth Circuit and the D.C. Circuit, while also rejecting as “moot” the Biden administration’s attempt to overturn a hold on the mandate.
OSHA on Nov. 5 published an Emergency Temporary Standard (ETS) that would require private employers with 100 or more employees to impose a mandatory COVID-19 vaccinate-or-test policy. Under the rule, unvaccinated workers would also have to wear masks inside the workplace, with violators facing potential penalties of thousands or even tens of thousands of dollars per incident.
COVID-19 is the disease caused by the CCP (Chinese Communist Party) virus, also known as SARS-CoV-2 or the novel coronavirus.
After the OSHA rule was published, it triggered a torrent of lawsuits from Republican-led states, individuals, and businesses.
On Nov. 12, the Fifth Circuit granted a motion to stay the ETS and ordered that OSHA “take no steps to implement or enforce” it “until further court order, prompting OSHA to announce it has suspended implementation pending litigation.
Several legal challenges to the OSHA rule were later rolled into one and the Ohio-based Sixth Circuit Court—of which 11 of 16 judges are Republican appointees—was selected via lottery to hear the consolidated lawsuits.
The Biden administration then filed a motion on Nov. 23 to lift the Fifth Circuit’s stay on the mandate and get the case moved to a potentially more favorable court.
The Sixth Circuit Court’s Dec. 3 ruling denied both requests.
Rob Natelson, a former constitutional law professor, wrote in a recent op-ed for The Epoch Times that it’s likely the legal challenge to the OSHA rule will end up before the Supreme Court.
Natelson said the high court will likely weigh several issues relating to the ETS, including whether the mandate exceeds the powers the Constitution grants to the federal government, whether OSHA exceeded its authority under its statute, and if the vaccine-or-test requirement denies individuals due process of law.
The Fifth Circuit ruling described the OSHA rule as “fatally flawed” and said that the mandate would likely be declared unconstitutional.
In its Nov. 23 filing, the Biden administration argued that the Fifth Circuit panel erroneously interpreted the OSHA mandate, saying that “the speculative compliance costs and similar harms asserted by regulated parties cannot overcome the extraordinary harms to the public interest detailed above.”
“Simply put, delaying the standard would likely cost many lives per day, in addition to large numbers of hospitalizations, other serious health effects, and tremendous expenses,” White House lawyers alleged in the filing. “That is a confluence of harms of the highest order.”
The Epoch Times has reached out to the White House for comment.
Consent is a social construct.
BTTT
All must be jabbed, double jabbed, triple jammed, scattered and covered or we will all die! If we do all this we will all still die but the right people will have all the money when we die. If there be any error in my prediction let it be shown!!!
Why would SCOTUS support the mandate? 5th Circuit en banc decision against Xiden will surely be appealed by the Zombii; there is a deep divide of opinions right now whether SCOTUS will let the 5th upholding 6th stand, or get 4 votes to take it on and use it to finally put Jacobson v Mass out of its misery.
The latter is a viable scenario if Roberts reserves the right to agree in part (OSHA portion of edict was fatally flawed) 5-4 and disagree in part (try to preserve the statist raison d'etre behind Jacobson).
I don’t think they can do a lateral appeal to another circuit court. If this was a full panel ruling, SCOTUS should be next.
Might I add a Nyahnyahnyahnyaaahnyah to your horse laugh?
why of course...you horse...
But to return to a more mature level of discourse, I’ll also say to Foe Jiden: Baby! Baby! Stick your head in gravy! Rap it up in bubble gum and send it to the navy!
They are all saying basically
‘Look Joe it doesn't matter how big you manufacture the imaginary crisis to be, still does not allow you to circumvent the Law.’
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