Posted on 12/17/2021 6:10:41 PM PST by TexasGurl24
A federal appeals court has reinstated the Biden administration’s vaccine and testing requirement for private businesses that covers about 80 million American workers.
The ruling by the 6th U.S. Court of Appeals in Cincinnati lifted a November injunction that had blocked the rule from the Occupational Safety and Health Administration, which applies to businesses with at least 100 workers.
In the decision Friday, the 6th Circuit noted that OSHA has historical precedent for using wide discretion to ensure worker safety and “demonstrated the pervasive danger that COVID-19 poses to workers—unvaccinated workers in particular—in their workplaces.”
I was surprised that Larsen was on the panel and not Griffin.
Larsen joined the en banc dissent. Assuming Griffin votes with the other 8, there are enough votes to overturn the panel when the case makes it up for en banc review.
The problem is what happens in the interim.
I’m sure the businesses are going to try to keep fighting to keep it suspended as they’re losing employees like crazy - especially with Boeing rescinding the company mandate.
But I’m sure Biden will force to implement it immediately.
People should just refuse. Let the hospitals, banks, WalMarts etc try to function on 80% especially when the remainder start dropping like flies.
We need a robust underground economy.
2 things:
1. There will be an en banc appeal.
2. These cases were all consolidated in the 9th circuit, so the simple thing for the en banc panel to do is vacate the order and send this on to the 9th circuit.
SCOTUS is next as it relates to the stay.
Divided panel (Stranch [Obama stooge] and Gibbons [Dubya squish]) rules for Biden Administration; Judge Larsen [Trump judge] dissents.
“danger that COVID-19 poses to workers—unvaccinated workers in particular”
Companies might wish to continue the pay of their now unvaccinated workers to keep them from say working for Chinese government-funded start-ups.
No. These cases were consolidated in the 6th Circuit.
That’s who has the case now. The next step is SCOTUS.
The ETS ends in May anyway.
fixed it
My boss is telling me to work from home forever.
If that's what the ruling says, it's prima facie unconstitutional as even the Presidency has no such authority, let alone any subsidiary agency.
If they mean the statute itself is so broadly worded that it covers any conceivable danger even without any nexus to conditions of employment in the workplace, then the statute itself is unconstitutional for granting legislative powers to agencies that can only be exercised by Congress.
Passport Required to go to Mass in Quebec - Fr. Mark Goring, CC
https://freerepublic.com/focus/religion/4022148/posts
It's GOOD to have a smart boss.
I do as much as possible now.
...
GD!
Is it standard procedure to consolidate an appeals case using a circuit court lottery? Why can’t the consolidation stay at the 5th Circuit?
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