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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

The ETS ends in May? Well, they’ll just create another one.


61 posted on 12/17/2021 8:36:41 PM PST by backwoods-engineer (But what do I know? I'm just a backwoods engineer.)
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To: Arcadian Empire

It should be pretty quick. SCOTUS could act on the stay in the next week or two.


62 posted on 12/17/2021 8:43:08 PM PST by TexasGurl24
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To: TexasGurl24

OSHA only has the authority to oversee workplace safety.

Being vaxxed does not make any workplace safer.


63 posted on 12/17/2021 8:46:51 PM PST by Az Joe ("Scratch a Liberal, and a Fascist bleeds")
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To: TexasGurl24

Mandate bump for later....


64 posted on 12/17/2021 9:22:53 PM PST by indthkr
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To: plain talk

“the federal agency tasked with assuring a safe and healthful workplace”

Yeah,m they do such a good job of that! (do I need the sarc tag here?)

Businesses just push crap under the rug long enough to pass inspections and go on their merry way letting lazy ass employees do lazy ass things, just like with all regulatory body inspections that occur (such as the FDA, FCC, and internal auditors as well).

I work for a company that just went through a few FDA audits. You should hear the crap the auditors say (things like I have a vacation coming up next week, so we will be done this week or equally vapid things that makes one wonder why they even bother).


65 posted on 12/17/2021 9:36:52 PM PST by jurroppi1 (The Left doesn't have ideas, it has cliches. H/T Flick Lives)
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To: pierrem15

So the ruling means this: If it so desired, OSHA can now mandate that companies certify that employees all wash their hair with de-lice shampoos. Those that don’t certify this would be fined into bankruptcy.


66 posted on 12/17/2021 10:08:26 PM PST by ReaganGeneration2 (Widespread belief in asymptomatic spread of a low-risk virus hastened the end of the West by 100 yrs)
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To: AndyJackson

Wait—I thought the original ruling was in the 5th and =th consolidation was to the 6th.

When did the 9th Circus get invovlved?


67 posted on 12/17/2021 10:25:33 PM PST by grey_whiskers (The opinions are solely those of the author and are subject to change with out notice.)
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To: Fury

Barrett, being a woman, will side with mandates.

Roberts, being a woman, will as well.


68 posted on 12/18/2021 1:34:11 AM PST by fwdude (My pronouns are "F*ck, Joe, Biden." Use them when addressing me or else. )
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To: Az Joe

(Being vaxxed does not make any workplace safer.)

Don’t spoil the surprise!!!


69 posted on 12/18/2021 2:18:30 AM PST by SaveFerris (The Lord, The Christ and The Messiah: Jesus Christ of Nazareth - http://www.BiblicalJesusChrist.Com/)
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To: ex91B10

I’m with you.
My wife has been putting up with harassment and will be forced to get the shot by a woke company.
You will read about it if anything happens to her.


70 posted on 12/18/2021 2:50:36 AM PST by GranTorino (Bloody Lips Save Ships.)
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To: backwoods-engineer

OSHA alas doesn’t allow it.
They have to go with a permanent standard and not an extension of an ETS


71 posted on 12/18/2021 3:47:10 AM PST by pie_eater
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To: TexasGurl24; P-Marlowe
Liberal judges everywhere, and more often than I like, republican appointed judges.

They consistently rule that others have the right to force you to take an untested, ineffective, deadly bio-drug by injection.

On what planet would the Founders have agreed to that?

72 posted on 12/18/2021 4:22:19 AM PST by xzins (Retired US Army chaplain. Support our troops by praying for their victory. )
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To: kiryandil

Great boss! I WFH and live in another state from the corporate office but I am still being canned come January 5.


73 posted on 12/18/2021 4:32:02 AM PST by NeverTyranny
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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.

If OSHA has such power, why don't the rules apply to ALL workers, regardless of the size of the company. Can you imagine if radioactive waste was allowed to be handled by workers without PPE because the workers were employed by a company that had less than 100 people? What is wrong with these idiots?

74 posted on 12/18/2021 4:36:45 AM PST by Go Gordon
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To: gswilder
2-1, with 1 Obama judge.. 2 BushW judges split. Barnes said full 6th should over-rule this 3 judge panel pretty quickly.

Why didn't they just start with the en banc hearing? So we get that before it goes to the Supreme Court? Seems that step could just be passed now without the drama.

75 posted on 12/18/2021 4:40:22 AM PST by Religion and Politics
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To: TexasGurl24
The problem is what happens in the interim.

We don't even have a decent vaccine against Omicron. How many "safe" workers were vaccinated with J&J's vaccine? Many that I know have because they wanted a one and done deal. Now it is less effective against delta, and almost not effective (or detrimental) against omicron. Do they have to start the three shot regime to keep working?

The other vaccines are marginal against omicron, and only if you get three shots. Truth be told though, who really knows. The hill that the vaccines have been dying on for about 6 months now is that they are a therapeutic against severe sickness. And now that is labeled a vaccine.

This is a huge mess if the government can decide you have to take a shot just because they said so regardless of efficacy when they make you take the shot. Every day makes the landscape too fast for our court system to even weigh in on this effectively. It has become only a test of law at this point to lay the groundwork for the future.

76 posted on 12/18/2021 4:51:38 AM PST by Religion and Politics
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To: grey_whiskers

My error.


77 posted on 12/18/2021 5:13:24 AM PST by AndyJackson
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To: Uncle Miltie

Heck, that is better than go home forever.

I know when I worked at home ( way before the wuhan flu) I got a lot more done.


78 posted on 12/18/2021 5:20:57 AM PST by eartick (Stupidity is expecting the government that broke itself to go out and fix itself. Texan for TEXIT)
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To: TexasGurl24

As far as I know usps is exempt. I’d think that could be used against the mandate in court. — Or at least they could make OSHA explain why usps doesn’t have to comply.


79 posted on 12/18/2021 5:39:04 AM PST by Cats1
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To: TexasGurl24

In the interim we say ##$#$ you to the government and the businesses that will force us to take these tests.

I am not around much at all but I do care about all of you very much.

But guys, WE GOTTA START TAKING THE HITS if we want to be free!!!!

I’ve taken some, believe me.

I am ALL OVER de blasio’s insanity, working with a councilman near me and I WILL go to jail if I must.

I will fight if I must.

I WANT TO fight as this point.

Guys the Founding Fathers gave up SO MUCH.

Twenty years ago I came to this board and saw names like CIVILWARBREWING and a lot more like that.

Was it all just tough and fancy talk.

The time came and went for a civil war LAST YEAR.

STOP excusing yourselves (including myself) because you can’t lose the house or pay the kid’s college or pay the hospital bills or other TERRIBLE things that would result from a full revolt!!

But what else is there?

Republicans winning back the house and senate???

Then you’ve not been around for 20 years...maybe freeze dried or doing hard time.

Come on guys, it’s time to sacrifice.

I almost got kicked off after the inauguration because I wanted to form militias and I was pointing towards a revolution.

I was told conspiracy against the federal government is against board rules.

And I understand.

But what is left?

Peaceful demonstration?? Counting on Rs? Counting on Conservatives who turn into RINOs six days after election?

It’s time to dance or get off the floor folks.

BTW, I do miss all of you very much and care about all of you very much but my ideas regarding what actions we should take at this point are a little too extreme for the board and I will just get booted anyway.

Jim’s a great guy, it’s a great board and you are great people.

Have a GREAT Christmas and for my Jewish pals I hope your holidays are great too, of course.

Buongiorno


80 posted on 12/18/2021 5:51:07 AM PST by dp0622 (Tried a coup, a fake tax story, tramp slander, Russia nonsense, impeachment and a virus. They lost.)
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