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Panel was 2-1. I predicted Stranch was on the panel and would rubber stamp. Gibbons is a Roberts style judge.

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.

1 posted on 12/17/2021 6:10:41 PM PST by TexasGurl24
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To: TexasGurl24

Opinion here:

https://www.opn.ca6.uscourts.gov/opinions.pdf/21a0287p-06.pdf


2 posted on 12/17/2021 6:13:42 PM PST by TexasGurl24
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To: TexasGurl24

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.


3 posted on 12/17/2021 6:16:26 PM PST by Skywise
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To: TexasGurl24

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.


4 posted on 12/17/2021 6:16:55 PM PST by McGavin999 (To shut down the border tell the administration the cartel is smuggling Ivermectin )
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To: TexasGurl24

Divided panel (Stranch [Obama stooge] and Gibbons [Dubya squish]) rules for Biden Administration; Judge Larsen [Trump judge] dissents.


7 posted on 12/17/2021 6:19:42 PM PST by kiryandil (China Joe and Paycheck Hunter - the Chink in America's defenses)
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To: TexasGurl24

“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.


8 posted on 12/17/2021 6:19:44 PM PST by Brian Griffin ( )
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To: TexasGurl24
In the decision Friday, the 6th Circuit a Lefty stooge and a Smirking Chimp squish noted that OSHA has historical precedent for using wide discretion to ensure worker safety

fixed it

10 posted on 12/17/2021 6:21:08 PM PST by kiryandil (China Joe and Paycheck Hunter - the Chink in America's defenses)
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To: TexasGurl24

https://freerepublic.com/focus/f-news/4022202/posts


11 posted on 12/17/2021 6:21:34 PM PST by ButThreeLeftsDo (The best things in life aren't things.)
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To: TexasGurl24

My boss is telling me to work from home forever.


12 posted on 12/17/2021 6:21:59 PM PST by Uncle Miltie (Thieves, welfare cases, and drug users SHOULD be judged by the content of their character.)
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To: TexasGurl24
Apparently administrative agencies now have authority to use their discretion beyond any legitimate implication of the statute granting authority.

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.

13 posted on 12/17/2021 6:22:04 PM PST by pierrem15 ("Massacrez-les, car le seigneur connait les siens" )
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To: TexasGurl24

Passport Required to go to Mass in Quebec - Fr. Mark Goring, CC

https://freerepublic.com/focus/religion/4022148/posts


14 posted on 12/17/2021 6:23:08 PM PST by Its All Over Except ...
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To: TexasGurl24

GD!


18 posted on 12/17/2021 6:28:32 PM PST by NetAddicted ( Just looking)
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To: TexasGurl24

More here...

https://legalinsurrection.com/2021/12/biden-large-employer-vaccine-mandate-reinstated-by-6th-circuit-appeals-court-the-old-normal-is-not-going-to-return/


19 posted on 12/17/2021 6:28:44 PM PST by mewzilla (Those aren't masks. They're muzzles. )
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To: TexasGurl24

Is it standard procedure to consolidate an appeals case using a circuit court lottery? Why can’t the consolidation stay at the 5th Circuit?


20 posted on 12/17/2021 6:29:32 PM PST by ViLaLuz (2 Chronicles 7:14)
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To: TexasGurl24

OSHA -—> SINO

[Safety In Name Only (and a chink in the armor of the US against the WuHu Flu)]


23 posted on 12/17/2021 6:32:50 PM PST by Paladin2 (Critical Marx Theory is The SOLUTION....)
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To: TexasGurl24

Thank you, great explanation for us laymen.


25 posted on 12/17/2021 6:35:28 PM PST by Shady (The #JihadJunta is now a Dictatorship, there are no more “laws..”)
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To: TexasGurl24
"The 6th U.S. Court of Appeals? How many divisions do they have?"

"The 6th U.S. Court of Appeals have made their decision, let them enforce it."

Tired of tyrants.

27 posted on 12/17/2021 6:36:48 PM PST by ex91B10 (Just because you can doesn't mean you should. )
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To: TexasGurl24

“to ensure worker safety...”

Ensure.

As in, a certainty.

Yep. Sure.


28 posted on 12/17/2021 6:39:29 PM PST by simpson96
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To: TexasGurl24

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?


31 posted on 12/17/2021 6:41:06 PM PST by CheshireTheCat ("Forgetting pain is convenient.Remembering it agonizing.But recovering truth is worth the suffering")
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To: TexasGurl24

“… 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


34 posted on 12/17/2021 6:46:13 PM PST by plain talk
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To: TexasGurl24

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...


39 posted on 12/17/2021 7:06:28 PM PST by mewzilla (Those aren't masks. They're muzzles. )
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