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Federal appeals court reinstates Biden administration’s business vaccine and testing mandate
CNBC ^ | 12/17/2021 | CNBC

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.”


TOPICS: Breaking News; US: Ohio
KEYWORDS: 2to1; 3judgepanel; 3rdthread; 60to38; 6thcircuit; 71to21; 95to0; anthonyfauci; astoogeandasquish; braking; cincinnati; clownbammyjudge; covidstooges; dubyajudge; dubyasquish; federalistsociety; janebstranch; janestranch; joanlarsen; juliagibbons; juliasgibbons; juliasmithgibbons; obamacare; obamajudge; obamastooge; odiousbamajudge; ohio; osha; sixthcircuit; smirkingchimpjudge; splitdecision; stoogejudge; threejudgepanel; trumpjudge; vaccinemandate; vaccinemandates
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To: TexasGurl24
SCOTUS is next as it relates to the stay.

Any thoughts on how they might come down on a stay?

21 posted on 12/17/2021 6:29:38 PM PST by Fury
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To: ViLaLuz

Yes. 28 U.S.C. § 1407


22 posted on 12/17/2021 6:32:23 PM PST by TexasGurl24
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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: pierrem15

“ 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.


24 posted on 12/17/2021 6:33:45 PM PST by jacknhoo ( Luke 12:51; Think ye, that I am come to give peace on earth? I tell you, no; but separation.)
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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: Fury

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.


26 posted on 12/17/2021 6:35:31 PM PST by TexasGurl24
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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: ViLaLuz
Is it standard procedure to consolidate an appeals case using a circuit court lottery? Why can’t the consolidation stay at the 5th Circuit?

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.

29 posted on 12/17/2021 6:39:35 PM PST by DSH
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To: Fury

Any thoughts on how they might come down on a stay?

Roberts can’t wait to give the Biden Admin whatever it wants


30 posted on 12/17/2021 6:40:17 PM PST by butlerweave
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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

Wouldn’t the next step Be an appeal to the full panel, and not just the three judges?


32 posted on 12/17/2021 6:44:39 PM PST by matt04 ( )
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To: jacknhoo

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.


33 posted on 12/17/2021 6:44:52 PM PST by pierrem15 ("Massacrez-les, car le seigneur connait les siens" )
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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: matt04

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.


35 posted on 12/17/2021 6:46:51 PM PST by TexasGurl24
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To: Uncle Miltie

I’m up to 32 hours telework a week, and the only reason I’m doing that is to avoid the vax police.


36 posted on 12/17/2021 6:48:46 PM PST by ducttape45
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To: DSH; TexasGurl24

Thanks for the information. I appreciate it.


37 posted on 12/17/2021 6:51:00 PM PST by ViLaLuz (2 Chronicles 7:14)
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To: Uncle Miltie

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.


38 posted on 12/17/2021 7:01:48 PM PST by Kadric
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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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To: CheshireTheCat

Insanity - doing the same thing over and over again, expecting a different result


40 posted on 12/17/2021 7:11:46 PM PST by freedomispriceless
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