U.S. federal appeals court freezes Biden's vaccine rule for companies

Reuters ^ | November 6, 2021 | Mike Scarcella

[TChad]

WASHINGTON, Nov 6 (Reuters) - A U.S. federal appeals court issued a stay Saturday freezing the Biden administration's efforts to require workers at U.S. companies with at least 100 employees be vaccinated against COVID-19 or be tested weekly, citing "grave statutory and constitutional" issues with the rule.

The ruling from the United States Court of Appeals for the Fifth Circuit comes after numerous Republican-led states filed legal challenges against the new rule, which is set to take effect on Jan 4.

[lodi90]

Nice to see the Fake News propagandists are following their script and the mandate is now magically a “rule.”

[backwoods-engineer]

Pulled by “Biden”? That actually could happen. The commies in NY pulled a gun law before it could get ruled on by SCOTUS, just to stop the precedent from happening.

[Cboldt]

So, the feds and some state governments are attacking the public from multiple directions. There is the EO, and this case is on OSHA insisting on vax for workplace safety.

What’s next, CDC going to do wiring code and machine guarding?

It’s easy to knock down OSHA regulating vax. Hardly knocks down mandate, it just knocks down a deliberately stupid choice of agency. If OSHA can;t do this, maybe Congress can legislate it directly, or have an agency that actually has public health in its portfolio issue the regulation.

The government can attack from 20 directions at the same time. Just wait until the states get into the game. This .... show is just getting started.

[servantboy777]

>>companies ordering the shot (its not a vaccine and we should stop calling it that) to greater liability<<

This is the exact reason corporations are approving religious and or medical exemptions.

[deport]

The United States Court of Appeals for the Fifth Circuit
has appellate jurisdiction over the district courts in the
following districts:

Eastern District of Louisiana
Middle District of Louisiana
Western District of Louisiana
Northern District of Mississippi
Southern District of Mississippi
Eastern District of Texas
Northern District of Texas
Southern District of Texas
Western District of Texas

They can not issue a nationwide injunction (though several
liberal activists judges have tried before..always shot down
by Supremes) This ruling is only binding on these districts.

From an earlier thread
https://freerepublic.com/focus/news/4010386/posts?page=18#18

[Cboldt]

Twenty-six states have filed suit to challenge the emergency temporary standard regarding COVID-19 Vaccination and Testing (the "ETS") issued by the Occupational Safety and Health Administration ("OSHA") on November 4, 20201, and published in the Federal Register on November 5, 2021. Federal courts have previously held that OSHA rules are ripe for challenge when the rule is published in the Federal Register. Within hours of publication in the Federal Register, the legality of the OSHA ETS is pending in the 5th, 6th, 8th, and 11th U.S. Circuit Court of Appeals.

A coalition including Missouri, Arizona, Nebraska, Montana, Arkansas, Iowa, North Dakota, South Dakota, Alaska, New Hampshire, Wyoming, and five additional private entities (the "Coalition") filed suit in the 8th U.S. Circuit Court of Appeals arguing that the power to compel vaccinations rests not with the federal government, but with the states. The Coalition argues that OSHA's ETS goes beyond workplace safety and into public health policy, which the states assert exceeds OSHA's statutory authority. Lawsuits filed by Texas, Louisiana, Mississippi, South Carolina, and Utah in the 5th U.S. Circuit Court of Appeals, Florida, Alabama, and Georgia in the 11th U.S. Circuit Court of Appeals, and Kentucky, Idaho, Kansas, Ohio, Oklahoma, Tennessee, and West Virginia filed in the 6th U.S. Circuit Court of Appeals similarly challenge the legality of the OSHA ETS.

Kentucky, Ohio and Tennessee also filed suit challenging the Biden Administration's mandate requiring federal contractors to be vaccinated. The lawsuit sets forth similar bases to challenge the federal contractor mandate, alleging that the police power to enforce vaccines rests with the states, not the federal government. Likewise, the states assert that the federal contractor mandate exceeds the President's statutory authority.

https://www.natlawreview.com/article/biden-workplace-vaccination-rule-challenged-states

[politicket]

I sure hope Joe doesn’t get mad and yell at us again

The Brandon Berating...

[MIA_eccl1212]

If he cannot contain his issues, and gets impatient... we may get a whiff of his stinky pants... not a good thing!

[ducttape45]

Vaccine Mandate Ping List.

Good job picking up on this TChad!

[ducttape45]

Does anyone know if the 5th District is the same court that Liberty Counsel is filing their class action lawsuit thru as well?

[j.havenfarm]

Of course I’m kidding. Displays of anger are rarely an effective leadership strategy. When it comes from someone of obviously limited intelligence and diminished cognitive capacity it’s completely ineffective and inspires the opposite reaction than what it is intended to bring about

[Severa]

Equate the above link to Covid and it’s just a bad flu.

After we got over covid in Sept (after being vaxxed earlier in the year) my husband called Covid "flu with extra seasoning" He got the worst of it (103° fevers and an awful cough, we got him prescrip meds for cough and nausea) Other than that, we fought it off with vitamins, sugar free Gatorade for hydration (hubs is diabetic) and Dayqui/Nyquil.

[Openurmind]

The SCCOTUS (Supreme Communist Court Of The US) will give it back to them.

[Osagegirl]

But from the businesses I am familiar with, even “Catholic” hospitals are not accepting any exemptions.

[servantboy777]

I work for a large tech company...they’ve approved dozens of religious exemptions. I’m pretty sure their legal dept. advised them to do so.

[McGruff]

[EBH]

Alleluia! alleluia alleluia!

Praise God! And Rise Up to the Call of the Lord!

God does not hold a nation accountable until the last believer leaves!

[struggle]

>Pulled by “Biden”? That actually could happen.

I think it was a trial balloon. Australia has allowed illegal mandates to run wild with little resistance. Luckily, we have pretty freedom-centric case law that makes his mandate dead upon arrival, and everyone knows it. He’s going to pull it and say “we don’t have rampant COVID anymore, so it’s not necessary.

The problem will be what will happen next when 2022 desperation sets in.

[sergeantdave]

“It’s easy to knock down OSHA regulating vax. Hardly knocks down mandate, it just knocks down a deliberately stupid choice of agency. If OSHA can;t do this, maybe Congress can legislate it directly, or have an agency that actually has public health in its portfolio issue the regulation.”

Congress has already passed legislation allowing religious exemptions as outlined in the Civil Rights Act of 1964. President Brandon is illegally trying to nullify laws passed by congress with an EO.

See: https://www.ecfr.gov/current/title-29/subtitle-B/chapter-XIV/part-1605

[deks]

Up to 650 000 people die of respiratory diseases linked to seasonal flu each year (2017 report: CDC, WHO)

https://www.who.int/news/item/13-12-2017-up-to-650-000-people-die-of-respiratory-diseases-linked-to-seasonal-flu-each-year

Thanks for posting ^