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This Didn't Take Long: Appeals Court Blocks Biden's Vaccine Mandate

New Orleans-based court says Covid-19 vaccination and testing rules raise grave legal issues.
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Three Panel Judge Strikes Biden's Vaccine Mandate

Blocked Already

On Thursday the White House Sets OSHA January 4 Deadline Requiring Shots or Tests.

Saturday evening the WSJ reported Federal Appeals Court Temporarily Blocks Biden Administration Vaccine Rules for Private Employers

A three-judge panel on the New Orleans-based Fifth U.S. Circuit Court of Appeals granted an emergency stay prohibiting enforcement of the rules for now, saying they raise “grave statutory and constitutional issues.”

The Fifth Circuit said it would quickly consider whether to issue an injunction against the vaccine and testing requirements, ordering the Biden administration to file initial legal papers by late Monday afternoon.The rules, issued by the Labor Department on Thursday, apply to employers with at least 100 workers. Lawsuits challenging the requirements have been filed in courts around the country. Challengers in the case before the Fifth Circuit include both private employers and a group of Republican state attorneys general.

Seema Nanda, the Labor Department’s top legal adviser, said the administration was confident in its authority to issue the standard and was fully prepared to defend it in court.

The Occupational Safety and Health Act explicitly gives OSHA the authority to act quickly in an emergency where the agency finds that workers are subjected to a grave danger and a new standard is necessary to protect them,” Ms. Nanda said in a statement.

Emergency? Grave Danger?

Excuse me for pointing out this is not February 2020. The emergency has come and gone. 

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These were my comments Saturday morning.

Midtem Disaster

Democrats are already headed for a midterm election disaster.

I fully expect this decision will add to their misery in the House and it may easily cost Democrats the Senate as well. 

Finally, there is a very good chance the Supreme Court will strike this OSHA play down further adding to the pain. 

Biden is hugely out of touch with political reality as noted in Democrats Take 180 Degree Wrong Message From Elections.

Regardless of what the Supreme Court does, this is a voluntary kick your own ass move.

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