Posted on 12/17/2021 6:10:41 PM PST by TexasGurl24
Any thoughts on how they might come down on a stay?
Yes. 28 U.S.C. § 1407
OSHA -—> SINO
[Safety In Name Only (and a chink in the armor of the US against the WuHu Flu)]
“ 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.”
_____________
Hear, hear! How is the constitution to be enforced? Sadly, that’s a valid question today.
Thank you, great explanation for us laymen.
Gorsuch, Alito and Thomas are solid.
Kagan, Breyer and Sotomayor will rubber stamp.
This is such a statutory and Constitutional overreach, that I’d hope ACB and Kavanaugh would do the right thing.
I am not confident in Roberts. He and Gibbons are peas in a pod and we see what she just did.
"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.
Yes, it is standard procedure. Petitions for review of the OSHA ETS were filed in pretty much every U.S. judicial circuit by various parties, including those posturing for a more stringent rule. The Fifth Circuit happened to rule first, on the request for stay submitted to it. But it's typical in these circumstances of multi-district or multi-circuit litigation for a random lottery to be used to determine which federal district court or judicial Circuit will hear a consolidated challenge.
Any thoughts on how they might come down on a stay?
Roberts can’t wait to give the Biden Admin whatever it wants
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?
Wouldn’t the next step Be an appeal to the full panel, and not just the three judges?
I glanced at the opinion: it looks like the majority chose option (b), that OSHA can regulate any hazard in the workplace regardless of its source. In this reading, OSHA could issue a mandate that company cafeterias serve healthy food, regardless of the fact that the regulatory power over the meaning of “healthy food” lies with the FDA and state and local health departments. “Healthy food” has no nexus connecting it inherently to the workplace, unlike solvents or work practices that are inherently and specifically tied to working conditions.
“… 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
It’s a possibility, but given that initial en banc review just failed, unlikely.
Remember, this is just the stay. They haven’t reached the merits yet.
I think the stay will get appealed to SCOTUS directly.
I’m up to 32 hours telework a week, and the only reason I’m doing that is to avoid the vax police.
Thanks for the information. I appreciate it.
If this stands I either retire or find a small company to work for. Luckily my career field is in demand and decent pay everywhere.
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...
Insanity - doing the same thing over and over again, expecting a different result
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