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.”
I hope SCOTUS will issue a stay. And then it will be interesting if SCOTUS will use this to slap down Chevron. Gorsuch has been biting at the bit to do that for years.
I think the result would be Alito, Barrett, Gorsuch, Kavenaugh, and Thomas.
As far as Roberts… He will perform some Olympic level mental gymnastics to vote in favor of big government.
I am not sure why I thought it was consolidated in the 9th circuit. But next step will be a request for en banc review.
Probably not. This is just the stay. Everything I’ve seen online indicates that the parties are going straight to SCOTUS.
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.”
Truth to tell,OSHA does not have such discretion. This decision is a gross misreading of precedent. Remind of when OSHA demanded flu vaccines on all employees in businesses with over 100 employees. AIDs testing for known homosexuals? Proof of HEP C vaccine? Do tell, Dear 6th.
Holy crap...
A thought: Are the CoupFlu vaxxes making people more at risk for developing TB after exposure to the bacillus...?
In a pigs eye it does. They will just extend or make it permanent !
“How can OSHA mandate that people take a vaccine that doesn’t work to prevent transmission “ Same way they force you to wear a mask on airplanes. Politics. Not science.
F the 6th circuit.
The OSHA rule is actually two rules with different standards and different timelines.
The Emergency Temporary Standard (ETS) restored here has immediate effect, no public comment, high standard (grave danger), and is duration limited. Legal contests START in the Circuit Courts.
The process to issue a permanent standard was started the same day the ETS was asserted. A permanent standard must have a period for public comment. I think the permanent standard goes into effect in January. Legal contests challenging the permanent standard start in the District Courts, and will also likely be consolidated.
This is really messy. Compound messy when the permanent standard goes into effect.
But, this is what courts and governments do when they are bored ... make a mess.
2-1, with 1 Obama judge.. 2 BushW judges split. Barnes said full 6th should over-rule this 3 judge panel pretty quickly.
This was originally with the 5th, but they consolidated the cases. Their was a lottery and the 6th got it. Then Biden tried to get it moved to DC circuit, but that was denied.
We were extended until July 2022 as of today. Any requirement to set a schedule to go into the office at least once a month has been rescinded.
“...the decision of the Supreme Court has fell still born, and they find that they cannot coerce Georgia to yield to its mandate”
- Andrew Jackson
We spend a whole lot of time waiting for a few politicians in their black robes to utter their oh so wise edicts. While not really considering that these politicians are unelected and completely unaccountable. We would be far better served by having millions of people ask themselves: will I obey? Enough people answer that in the negative and mandates become irrelevant.
When is that review expected?
The reality is large American businesses are being destroyed by the sizable number of quits and terminations.
There will be no businesses left if this tyranny is allowed to continue.
The fatal flaw here is the tyrants wrongly believed few would defy the mandate and quit their jobs or be fired over them.
A lot of business are seeing the heart cut out of their experienced labor force. They can’t easily replace these very key people by calling the labor pool for bodies to come to work.
Another stupid consequence is the military and civilian federal government cannot function without the thousands of critical contractors whose employees are walking out rather than take the jabs.
The “science” does not support the government fear-mongering. The American people are not stupid and they know the jabs are neither safe nor effective.
In short, EVERYONE IS OVER THE PURE POLITICAL BS OF THIS MANUFACTURED CRISIS !
It is a pure CON JOB and the people know it.
THAT would disable coffee vending machines all over the US.
I’ve started to read the opinion. IANAL but I have read court opinions before. This is a Leftist screed. They actually say that OSHA is harmed by stopping the mandate! What about the THOUSANDS of people that are dying from this DEVIL JUICE? I WILL NOT TAKE IT. I will be delivering my Religious Exemption Request on Monday. Not that they will grant it. The “Health Officer” at my company appears to get a thrill just thinking about mandating the devil juice. I bet he is very pleased (pleasuring?) tonight.
6th Circuit, not the 9th.
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