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.
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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and Drug Administration (FDA) for Emergency Use Authorization (EUA) of
the CDC 2019-Novel Coronavirus (2019-nCoV) Real-Time RT-PCR Diagnostic
Panel, the assay first introduced in February 2020 for detection of
SARS-CoV-2 only.”
encouraging employees to receive the vaccine, employers no longer need
to worry themselves with recording reactions.”
I may need to change my perspective on the other topics I posted on.
The 1905 ruling also wasn’t a mandate, and was supported on the premise at the time when a vaccine was the ONLY tool known to protect the public health, and so long as a mandate had an exception or other “way out ie the $5 penalty”, it was constitutional. Today is different in that there are public organizations and other means available to protect public health, so maybe there’s less support now for a mandate?
All I wish is that it would extend to your employer as an existing employee (at least until something comes out that stops the spread).
Reich Citizenship Law of September 15, 1935
(Translated from Reichsgesetzblatt I, 1935, p. 1146.)
The Reichstag has unanimously enacted the following law, which is promulgated herewith: