They should just put the courts in a rotating drum or something similar, and have Rittenhouse pick them.
6th Circuit gets the win. And OSHA suspends the mandate. A big win for freedom, a big loss for Biden and the Cult of Covid. OSHA Suspends Emergency Temporary Standard on COVID-19 Vaccinations and Testing for Employers with 100 or More Employees Tuesday, November 16, 2021 On Thursday, November 4, 2021, the Occupational Safety and Health Administration (OSHA) published an Emergency Temporary Standard (ETS) that establishes minimum COVID-19 vaccination and testing requirements for private employers with 100 or more employees throughout the United States. Shortly after the ETS was published, several states and businesses sued to declare that the rule was unconstitutional and beyond OSHA‘s statutory authority. On November 6, 2021 the Fifth Circuit Court of Appeals (based in New Orleans) issued a very short preliminary ruling “staying” implementation of the ETS pending further briefing in the court. Then, on November 12, 2021 the Fifth Circuit entered a long opinion in which it has issued a preliminary stay of the law. In doing so, the court signaled in the strongest of possible terms that it was poised to find that the rule does exceed OSHA‘s statutory authority in several ways and is unconstitutional. You can read the entirety of the opinion here. In recognition of the court‘s ruling, the administration declared yesterday that OSHA has suspended all activities relating to the implementation and enforcement of the ETS pending further litigation. However, this is still a temporary ruling and will be appealed, most likely all the way to the Supreme Court, which would make the final decision. Although not expressly stated, this means that employers under the rule have a reprieve of the upcoming December 5, 2021 deadline, and likely the January 4, 2022 deadline as well, as the courts will take some time to provide much-needed clarity and a final decision. This week, the Florida legislature is meeting in a special session in an effort to consider legislation that would countermand at least parts of the OSHA rule. Businesses should stay tuned to see what, if any legislation, is passed by the Florida legislature, how the courts will ultimately decide on the fate of the OSHA rule, and how these two will play out if the courts determine that the OSHA rule is valid. This court decision has no effect on vaccine mandates applying in healthcare settings or to federal contractors and subcontractors.
Just a matter of time until people who support proper public health policy have the last laugh. The U.S. Supreme Court has a long history of supporting vaccine mandates... and in recent months strongly supported mandates in the workplace by rejecting challenges to them.
Stay strong bro, maybe next year is the year that we will all be wearing spacesuits. Won't that be special?
This is different. Court upheld the State imposing vaccine mandates in schools for children. Court also upheld a private company implementing its own mandate as condition of employment which a private employer can do. What we have now is federal government making a nationwide mandate on private employers with an arbitrary cut off of 100 employees. In the first example, Court simple said State has the right to make health protocols in its schools. In second example, Court said a private employer has freedom for conditions of employment including vaccines. In 3rd case, Court can recognize that federal government has overstepped its bounds requiring all private employers to enforce a vax mandate by threat of fines. This is a case of overreaching of federal power and 6th Circuit was correct that OSHA is overreaching here, especially making 100 employees a random line in the sand. One thing about the law is precedent is fact specific. You cannot claim precedent in one set of facts is automatically binding in another set of facts. Court upholding states enforcing vaccines in public schools and Court upholding private employers setting conditions of employment is NOT the same as the federal government putting an emergency rule in place forcing all private employers to require a vax or pay a huge fine.
To add to waht I said above, since this is a new set of facts on the vaccines, Courts tend to find in favor of halting over reaches, especially when a rulemaking procedure is expedited or done under emergency authority. Government as official employer of Executive Branch can be subject to Biden/OSHA order and this can be extended to contractors and dont think this can be challenged. When goggles are mandated by OSHA there is a detailed rule making process and expert input into policy, technique and safety. The Biden vaccine mandate skips most of that and a court can easily find over reach.
Not to mention the President and his staff are on record saying the Federal Government shouldn't, and couldn't mandate vaccines.