In a case sure to be challenged in court, New York City Sets Covid-19 Vaccine Mandate for Private-Sector Workers.
The new mandate will go into effect Dec. 27—days before a new mayor takes office and as a federal vaccine mandate for many private-sector employees remains entangled in a court battle.
“We’ve got Omicron as a new factor. We’ve got the colder weather, which is going to really create additional challenges with the Delta variant. We’ve got holiday gatherings,” Mr. de Blasio said on MSNBC’s “Morning Joe,” where he announced the new mandate. “We in New York City have decided to use a pre-emptive strike to really do something bold to stop the further growth of Covid.”
The city will also require children ages 5 through 11, who recently became eligible to get vaccinated against the virus, to have vaccine proof for indoor dining, entertainment and fitness.
The private-sector vaccine requirement will affect about 184,000 businesses in the city, according to New York City Health Commissioner Dave Chokshi. Mr. de Blasio said the mandate will apply to employees working in person.
Is This Legal?
Mr. de Blasio says he is confident the city’s new mandate would survive any legal challenges “because it’s universal.”
I expect a challenge that will ultimately get to the Supreme Court, but no one can say for sure.
Biden's OSHA Mandate Shot Down
On November 4, the White House Fact Sheet announced Details of Two Major Vaccination Policies
First, the Department of Labor’s Occupational Safety and Health Administration (OSHA) is announcing the details of a requirement for employers with 100 or more employees to ensure each of their workers is fully vaccinated or tests for COVID-19 on at least a weekly basis. The OSHA rule will also require that these employers provide paid-time for employees to get vaccinated, and ensure all unvaccinated workers wear a face mask in the workplace. OSHA has a strong 50-year record of requiring employers to take common sense actions to prevent workers from getting sick or injured on the job. This rule will cover 84 million employees.
Second, the Centers for Medicare & Medicaid Services (CMS) at the Department of Health and Human Services is announcing the details of its requirement that health care workers at facilities participating in Medicare and Medicaid are fully vaccinated. The rule applies to more than 17 million workers at approximately 76,000 health care facilities, including hospitals and long-term care facilities.
Three Point Synopsis
- There are no tests or vaccination requirements for illegal immigrants because "they’re not intending to stay here for a lengthy period of time."
- 84 million US citizens must be fully vaccinated or have weekly tests for COVID-19.
- Point 2 is selective. It only applies to businesses of 100 or more people.
The 5th circuit appeals court blasted the policy for numerous reasons.
Summation of Key Terms Used by the Court
- "Fatally flawed"
- "One-size-fits-all sledgehammer"
- The "one-size-fits-all Mandate" is simultaneously overinclusive and "underinclusive"
- "Immense complexity"
- "It regulates noneconomic inactivity that falls squarely within the States’ police power"
- "True purpose is not to enhance workplace safety, but instead to ramp up vaccine uptake by any means necessary."
Biden Doubles Down on Vaccine Mandate With Another Circuit Court
Did that stop Biden?
Of course not. Due to a number of state challenges to the policy the cases were consolidated and moved to the 6th circuit court of appeals.
Biden could have and should have backed down. Instead, Biden Doubles Down on Vaccine Mandate With Another Circuit Court.
What About New York City?
De Blasio's requirement is "universal”. He hopes to avoid the issue of being simultaneously overinclusive and "underinclusive"
Another stumbling block for Biden was he usurped powers that belong to states.
"It regulates noneconomic inactivity that falls squarely within the States’ police power," ruled the 5th Appellate Court.
But 5-year-olds? Really? And what about the court objection "True purpose is not to enhance workplace safety, but instead to ramp up vaccine uptake by any means necessary."
This one is much easier. Yes.
- It will kill family dining for sure.
- It will add to worker shortages.
- Vaccinations requirements for 5-year-olds add unnecessary risk.
- Politically, it will be extremely unpopular.
- It's another dubious state intrusion.
- The mandate comes right before Eric Adams takes over as Mayor on January 1.
If Adams has any common sense, he will blast de Blasio and announce he rescind the order as soon as he is in office.
Does the timing of the announcement suggests Adams is on board?
We will find out soon enough.
South Park On New Covid Variant
The South Park video starts out slow, but stick with it. Then play the Australia video below.
Chilling Lockups in Australia
Unfortunately, things in Australia are pretty much like that South Park episode.
Australia is now locking up people for as long as two weeks just on the suspicion of Covid.
There is no trial, no way to protest. The police come and grab you if you were in contact with anyone having Covid and they put you in Covid internment camps.
Please watch the videos, first South Park, then Australia. It's very chilling.
Zerohedge has more details in Disturbing Confrontation Inside Australia's 'Gold Standard' COVID Internment Camp
Also see my post Dr. Fauci and Biden are Medical Hypocrites and a Political Disgrace
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