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.
This is good news, as it’s blatantly unconstitutional.
It’s just an arbitrary Emperor’s decree.
..And yet they keep appealing. Notice Biden and his just us department are appealing to a friendlier DC circuit court, the ones that Obama and Dems packed during his tenure.
Nuremberg justice! NOW!
“delaying the standard would likely cost many lives per day”
I’d be interested to see how they prove that. Population-wide mortality rates do not seem to have gone down since the inoculations were introduced. All I’ve read or heard to explain that have been speculative rationalizations. This is the sort of thing you hear from people who are only interested in winning an argument, not in seeking the truth of a matter.
A simple understanding would be that a 75% inoculation rate ought to reduce average mortality by 75%. We should have pretty much licked this thing by now.
Motions denied
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.
all i can say is.....AHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHHA
This was just a ruling on motions. Not on the merits.
When you calculate the percentage of people who have immunity - either surviving covid or having a vax, we are somewhere in the range of 70% to 88% of the population. By all nominal estimates from othe infectious diseases we should be on the cusp or over the edge, falling into “herd immunity” and the pandemic should be dying off to endemic levels. If not, then they’re lying, and or they’re lying about the vaxes. Probably both.
FWIW, I’d say there’s a decent chance, if Deep State has decided to cut its losses, that Deep State will use the courts to KO the vaxx mandate.
That way Deep State doesn’t lose face and keeps the illusion that court system still functions as it used to do.
I think the last thing that Deep State wants is this for this to go to SCOTUS.
Because if Deep State uses SCOTUS to rubber stamp the mandate, then the last fig leaf will fall. And it will become very clear that we are no longer a republic.
“Because if Deep State uses SCOTUS to rubber stamp the mandate, then the last fig leaf will fall. And it will become very clear that we are no longer a republic.”
I doubt the opposition cares.They want obedience and couldn’t care less about consent.
Can we get a ruling on some of these dictator Governors?
Anyone trained in asbestos abatement knows it is illegal to fit a person for a respirator that has a beard. How can they enforce any mask wearing policy?
Let's look at the numbers in terms of deaths involving COVID (as reported to the National Center for Health Statistics by the individual state health departments, drawing on official death certifications):
Nationwide, there were 29,881 COVID deaths in August 2020 (at which time, of course, no one in the country had yet been vaccinated). In August 2021 (at which time millions of Americans had been vaccinated), there were 48,003 COVID deaths (i.e., an increase of 61%).
In (pre-vax) September 2020, the country incurred 19,139 COVID deaths. In (post-vax) September 2021, the country incurred 61,670 COVID deaths (i.e., an increase of 222%).
In (pre-vax) October 2020, the data show that there were 24,910 COVID deaths in the U.S. For (post-vax) October 2021 (for which all the data have not been fully compiled), the figure is 40,245 COVID deaths (i.e., an increase of 62%).
We are, unfortunately, some weeks away from having anything like complete data for November 2021, so it is not possible to determine at the present time whether this trend of increased COVID deaths will continue as we head into winter, compared to the winter of (pre-vax) 2020. What we've witnessed in recent months, however, is that COVID deaths are up, not down, compared to the same months last year, when no one was vaxxed.
Note, too, that this apparent phenomenon is occurring even though many thousands of the most vulnerable in our population sadly passed in (pre-vax) 2020, while many thousands more contracted COVID, recovered, and thereby should have obtained immunity from subsequent infection. And yet starting this past summer, at which time millions of Americans are said to be "fully vaccinated," COVID deaths are on the increase, and significantly so. Why is that?
There is a momentum to these things.
Each ruling that goes against Biden’s regime is an indication that the Courts are not inclinded to agree with the Government’s argument that this requires the Executive Branch to rule by “emergency” decree.
The refusal to shift venue is another indication of the way the Courts are leaning on this issue. If the Court was looking for an out to give the Govt a win, they would of shifted this to a Biden Regime freindly court.
Don’t get me wrong. This was a good thing. The DC Circuit would have rubber stamped this. I just want people to know that there is more to come here.
Another court, another loss to the communist tyrant dictators in the democrap party!
My guess: The 6th will rule this mandate is constitutionally INSANE. The Supreme Court will refuse to hear the appeal because even the liberal judges don’t want to embarrass themselves on such an obvious overreach.
The delta variant
The un-vaccinated
Riskier behaviors due to people having a false sense of security
All of these excuses work for the pro-vax, pro-control, pro-lockdown types:
"The big bad XYZ variant is so bad, we need to take additional measures. Everyone must be vaxxed and boosted. We must maintain lockdowns..."
"It is a pandemic of the unvaccinated. We must force those final reluctant people into our cult."
"Breakthrough cases are happening because people are engaging in riskier behaviors. No vaccine is 100% effective, therefore we need to (re)institute lockdowns."
This whole thing is like a never-ending nightmare, or wet-dream for the left.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.