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.
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.
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
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?
OSHA -—> SINO
[Safety In Name Only (and a chink in the armor of the US against the WuHu Flu)]
Thank you, great explanation for us laymen.
"The 6th U.S. Court of Appeals have made their decision, let them enforce it."
Tired of tyrants.
“to ensure worker safety...”
Ensure.
As in, a certainty.
Yep. Sure.
How can OSHA mandate that people take a vaccine that doesn’t work to prevent transmission as evidenced by the NFL, colleges, and Broadway still testing vaccinated players, actors, students, and staff, and cancelling games, performances and in-person classes?
“… In need of guidance on how to protect their employees from COVID-19 transmission while reopening business, employers turned to the Occupational Safety and Health Administration (OSHA or the Agency), the federal agency tasked with assuring a safe and healthful workplace.”
LOL
BTW, speaking of workplace safety, there are reports on social media that Tucker Carlson just announced on FNC that there’s an outbreak of TB at Goldman Sachs in NYC...