The United States Court of Appeals for the Fifth Circuit, based in New Orleans, has issued a terse order temporarily halting the Biden Occupational Safety and Health Administration’s Emergency Temporary Standard “pending expedited judicial review.” The court cited no particular grounds, but noted that “because the petitions give cause to believe there are grave statutory and constitutional issues with the Mandate, the Mandate is hereby STAYED pending further action by this court.”
The Biden OSHA was directed to file its brief by 5 p.m. on Monday, and the challengers (which include the States of Texas, South Carolina, and Utah, and a battery of business and religious employers) must file by 5 p.m. on Tuesday. Presumably, such an aggressive briefing schedule means that the court will hear argument within days and rule swiftly. The panel included Edith Jones (a Reagan appointee) and two Trump appointees, Kurt Engelhardt and Kyle Duncan. Whatever the Fifth Circuit panel decides, it is unlikely to be the last word.
This will be a curious case. Ultimately it needs to be more about whether or not there are limits to what the Federal Government can mandate than whether or not there is a legitimate reason for the mandate in question. Personally I think the Federal Government is on shaky ground either way.
The main question is what the Federal Government can make people do, especially when there are medical decisions involved. There also has to be limits to what the Federal Government can force private businesses to do, especially when the employer is forcing a medical decision to be made to work somewhere.
Moreover, I am not sure that the Government has actually made a legitimate case that a lack of a vaccine mandate creates any sort of emergency. The limitations of the vaccine are only increasing with time, and the difference between the vaccinated and the unvaccinated are becoming quickly blurred. While social media and politicians are buzzing about the current wave of cases and deaths being a crisis of the unvaccinated, the facts simply do not measure up to that hype.
This (as the article states) is obviously not the last word. It's temporary until a final decision is made, but generally courts are not included to create a stay unless they believe the challenge has a reasonable chance of succeeding. I think it especially telling that they provided a stay prior to it going into effect, and when they give the impression that a final decision will likely be given prior to the implementation. Seems like the court is sending a message here.
17 comments:
I found out that employers would have to pay fines if their employees refused virus injections was not right.
I said this several hours ago today
It might be an overreach of authority by the President .
Employers aren’t required under the new policy to provide or pay for tests, with potential exceptions if collective bargaining agreements compel them to do so. In addition to producing a weekly negative test, unvaccinated employees must also wear a mask in the facilities.
Employers who don’t comply with the requirements could face penalties of up to around $13,600 per violation. The requirements don’t apply to employees who don’t report to a workplace where other individuals are present, employees who only work from home, or employees who work exclusively outdoors
CNN didn't make it political like your source.
Neither did The Wall Street Journal reported
Court Temporarily Blocks Biden Administration Vaccine Rules for Private Employers https://www.wsj.com/articles/federal-appeals-court-temporarily-blocks-biden-administration-vaccine-rules-for-private-employers-11636226904
The employers should not have to pay fines for their employees actions.
It would lose 9 vote margin in the Support Court
Moreover, I am not sure that the Government has actually made a legitimate case that a lack of a vaccine mandate creates any sort of emergency.
That's been upheld since the 50s or before
Do you really want to have it be repealed by Trump in 2024?
OSHA Coverage
The OSH Act covers most private sector employers and their workers, in addition to some public sector employers and workers in the 50 states and certain territories and jurisdictions under federal authority. Those jurisdictions include the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, Northern Mariana Islands, Wake Island, Johnston Island, and the Outer Continental Shelf Lands as defined in the Outer Continental Shelf Lands Act.
It was written in 1970.
I think it especially telling that they provided a stay prior to it going into effect, and when they give the impression that a final decision will likely be given prior to the implementation. Seems like the court is sending a message here.
NYT
The Louisiana attorney general, Jeff Landry, said in a tweet that the court’s decision was a “major win for the liberty of job creators and their employees.” Attorney General Alan Wilson of South Carolina also applauded the court’s decision on Twitter. “The Constitution will prevail,” he wrote. “The President is not above the law.”
But David Michaels, a leader of OSHA during the Obama administration, described the court’s move on Saturday as a faulty ruling with political motivations. “The same activist court that refused to stay Texas’ law that permits bounty hunters to sue anyone who aids an abortion after six weeks of pregnancy has stayed an OSHA rule that is clearly within OSHA’s authority, will save lives and make workplaces safe.”
Lauren Hirsch joined the New York Times from CNBC in 2020, covering business, policy and mergers and acquisitions. Ms. Hirsch studied comparative literature at Cornell University and has an M.B.A. from the Tuck School of Business at Dartmouth. @laurenshirsch
If they appeal they will probably lose
If I was a member of the Court I would have said the Taliban thing
Those petitioners argued that the mandate “represents an unconstitutional delegation of authority from Congress to the executive branch” and “therefore violates the non-delegation doctrine under Article I, Section 1 of the U.S. Constitution.” They argued that the vaccine mandate “will cause irreparable harm” to the business and that the “public interest favors issuance of a stay” by the Fifth Circuit — and the intermediate appellate court agreed.
Joe Biden said the mandate would require businesses with “100 or more employees to ensure their workforce is fully vaccinated or require any workers who remain unvaccinated to produce a negative test result on at least a weekly basis before coming to work,” notes the petitioners’ motion for a stay.
It continues:
OSHA published the ETS on November 5, 2021. In addition to requiring employers to check the vaccination status of their employers or to require weekly COVID-19 tests, 29 C.F.R. § 501(e) and (g), it also requires employers to give employees paid time off to obtain and recover from a vaccination, 29 C.F.R. § 501(f). Unvaccinated employees are required to wear masks when in close contact with others while at the workplace. 29 C.F.R. § 501(i). ,Failure to comply with the ETS could result in penalties of $13,653 per violation and $136,532 per willful or repeated violation. 29 C.F.R. § 1903.15(d).
Irreparable harm "the business would go bankrupt"
CHT is correct.
"People believe we are on the wrong track, the President has been a disaster in everything, inflation is out of control, and ultimately the general public pendulum is swinging extremely hard back to the right on social issues involving race, political correctness, and cancel culture."
Roger, WTF? The first 10 posts? Get a life.
Mollie Hemingway has written a blockbuster book about all the strands of deception and falsehoods that converged to take down Donald Trump on Nov. 3 and 4 and beyond (and before) in her book: Rigged: How the Media, Big Tech and the Democrats Seized Our Elections (Regnery, 2021). I twice asked two Barnes and Noble stores in two weeks whether they had it in stock, and each time -- no. So I finally had to order it online. It has ten chapters, plus a prologue and an epilogue. The total number of endnotes is 1,243 (I added them up), many having extensive commentaries. Only a large and excellent team of researchers could put together a book like this, and she credits them by name in her acknowledgments.
Hemingway’s conclusion: It is clear that the Dem party has followed a pattern of cheating, inch by inch, for a long time.
As a class, the Dem leadership and journalists have turned into liars and false prophets. However, Ms. Hemingway begins the book with this encouragement: "You are not wrong" (the Prologue). Don't allow the media to gaslight you. You are not crazy. Hemingway thoroughly presents the end-noted evidence.
The evidence can be boiled down as follows. Trump won a fair election on Nov. 3, but lost a fraudulent one late on Nov. 3 (about 22:00) and on to Nov. 4 and beyond, in some important Electoral College states. The Dems believed their own (fake) polling data that had said Trump was far behind. But they were shocked when they saw that he was about to win by a huge margin in those states. No matter. That's when they went to Plan B and did their dirty work, in the early hours.
Instead of calling the election for Trump, the Dems, with their allies in the lying media, unprecedentedly stopped the normal vote count "coincidentally" around the same time in some of those states, sent the monitors home, and in the late hours illegally rammed through numerous lopsided ballots (a "surge"), favoring Basement Biden, such that he "won" by 10,000 to 30,000 votes, on Nov. 4+ in the targeted Electoral College States. By video, we fortuitously saw boxes filled with votes pulled out from under tables after the observers were told to go home, in Fulton County, Atlanta (Chapter 10). (In contrast, Texas and Florida got their vote counting done on time, and their populations are larger than the selected "special states.") Don't let the media gaslight you. Those ballots really were fixed and unaccounted for.
Over the next decade or two, the Dems plan to flip red states blue by their methods. They have been doing this in carefully selected states already, over several election cycles. Here is the Dem's long-range, gradual strategy, which was exposed most visibly during election "season" (not day): (1) Find dark blue vote counting centers. (2) Promote mail-in ballots and call anyone a racist who objects (huge bundles of ballots have been found at drop-boxes). (3) Ram through those fake, lopsided Dem ballots. (4) Or the vote counters in dark-blue cities will count many Dem ballots twice. (5) They may even employ questionable vote counting software. (6) Result: The Dem nominee wins!
How do journalists turn themselves into compromised liars? Ms. Hemingway details the evidence in her Chapter Five, titled "The Revenge of Fake News." We don't need to spend much time here because everyone who daily reads online sources knows about the false Steele dossier, the Russian collusion hoax, the journalists lying about Trump's efforts to find a fix for COVID (Chapter Three), burying Biden's corruption (Chapter Eight), and so on. Reading these chapters may sicken fair-minded readers because they will be plunged into the heart of darkness. We all knew the media tilted left, but now they have become rabid leftists. Trump exposed their derangement syndrome, by being, well, Trump. He punched them in the mouth every day. Very gratifying.
Myballs said...
Roger, WTF? The first 10 posts? Get a life.
It’s unbelievably pathetic..
What you don't know how active my mind is all the time. I watch Dick Wolf shows and then check out the news coverage and the right wing nutcase websites.
Keeping my mind open and active my entire life. I read wp and nyp and on and on.
I enjoy being this way
Good night asshole kputz etc.
Classic propaganda.
What you don't know how active my mind
Do you have a mind? Pretty sure you don’t.
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