Federal appeals court reinstates Biden administration’s business vaccine and testing mandate

[mystery-ak]

Federal appeals court reinstates Biden administration’s business vaccine and testing mandate
Published Fri, Dec 17 20217:28 PM ESTUpdated 46 Min Ago
Spencer Kimball
@spencekimball

    A federal appeals court has reinstated the Biden administration’s vaccine and testing requirement for private businesses that covers about 80 million American workers.
    The ruling by the 6th U.S. Court of Appeals in Cincinnati lifted a November injunction that had blocked the rule from the Occupational Safety and Health Administration, which applies to businesses with at least 100 workers.
    In the decision Friday, the 6th Circuit noted that OSHA “demonstrated the pervasive danger that COVID-19 poses to workers—unvaccinated workers in particular—in their workplaces.”

A federal appeals court has reinstated the Biden administration’s vaccine and testing requirement for private businesses that covers about 80 million American workers.

The ruling by the 6th U.S. Court of Appeals in Cincinnati lifted a November injunction that had blocked the rule from the Occupational Safety and Health Administration, which applies to businesses with at least 100 workers.

In the decision Friday, the 6th Circuit noted that OSHA has historical precedent for using wide discretion to ensure worker safety and “demonstrated the pervasive danger that COVID-19 poses to workers—unvaccinated workers in particular—in their workplaces.”

The Justice Department argued last week that blocking the requirements would result in “enormous” harm to the public, as hospitals brace for an increase in Covid cases this winter and the highly mutated omicron variant takes root in more states.

more
https://www.cnbc.com/2021/12/17/federal-court-reinstates-biden-administrations-business-vaccine-mandate.html

[libertybele]

Pure insanity!

[Right_in_Virginia]

There's some debate as to whether or not the next step is en banc or Supreme Court.

But this isn't over.

[Right_in_Virginia]

https://mobile.twitter.com/ShannonBream/status/1472014598433878018

[Right_in_Virginia]

https://mobile.twitter.com/ShannonBream/status/1472040241498411014

[Free Vulcan]

After the text of the injunction, this opinion is trite garbage.

I wondered if by moving it to the 6th if the fix wasn't in.

[Right_in_Virginia]

Mike Davis
@mrddmia

Judge Joan Larsen penned a powerful dissent, starting on page 39.

Congress never loaned OSHA the unilateral power to order mass-vaccinations of workers across America.

Even so, We The People never loaned Congress that power.

Supreme Court must wake up.

https://opn.ca6.uscourts.gov/opinions.pdf/21a0287p-06.pdf

8:05 PM · Dec 17, 2021·Twitter for iPhone

[Right_in_Virginia]

After the text of the injunction, this opinion is trite garbage.

I wondered if by moving it to the 6th if the fix wasn't in.

Supposedly, the 6th Circuit got the appeal through a lottery.   

[Right_in_Virginia]

More here:   https://legalinsurrection.com/2021/12/biden-large-employer-vaccine-mandate-reinstated-by-6th-circuit-appeals-court-the-old-normal-is-not-going-to-return/

[Right_in_Virginia]

https://mobile.twitter.com/ColumbiaBugle/status/1472020071455232001

[Hoodat]

The appellate court ruling violates equal protection under Amendment XIV.  The court argues that OSHA has the right to implement an "emergency temporary standard".  The "standard" here is not the jab itself, but that workers must submit to weekly testing.  (Note:  'Jabs' are no longer classified as "emergency" by the FDA, and they most certainly cannot be classified as "temporary".)  Yet the "standard" is not being applied equally in that those choosing the non-emergency, not-temporary option are not subject to that standard.  This violated equal protection.

Ruling can be found here:  https://www.opn.ca6.uscourts.gov/opinions.pdf/21a0287p-06.pdf

 


Here is the "grave danger" portion of the statute:

29 U.S. Code § 655 - Standards

(c)Emergency temporary standards

(1)The Secretary shall provide, without regard to the requirements of chapter 5 of title 5, for an emergency temporary standard to take immediate effect upon publication in the Federal Register if he determines (A) that employees are exposed to grave danger from exposure to substances or agents determined to be toxic or physically harmful or from new hazards, and (B) that such emergency standard is necessary to protect employees from such danger.

(2)Such standard shall be effective until superseded by a standard promulgated in accordance with the procedures prescribed in paragraph (3) of this subsection.

(3)Upon publication of such standard in the Federal Register the Secretary shall commence a proceeding in accordance with subsection (b), and the standard as published shall also serve as a proposed rule for the proceeding. The Secretary shall promulgate a standard under this paragraph no later than six months after publication of the emergency standard as provided in paragraph (2) of this subsection.

The problem with this section is that OSHA:

-  has not proven that unjabbed workers pose a "grave danger" to other employees.
-  has not applied any workplace density rules where the danger would be graver in higher worker density environments, which could easily be much higher with employees with fewer than 100 workers.
-  has not shown that the jabbing of workers eliminates the grave danger.
-  has not published guidelines that allow employers relief to these restrictions after six months, per the statute.
-  has not proven that their emergency order will protect employees.

[Right_in_Virginia]

Attorney General Ken Paxton
@KenPaxtonTX
·
24m

A bad decision by a left-leaning panel (Bush and Obama judges) of the 6th Cir.

It’s un-American to force an unconst vax mandate on private biz, forcing people to choose b/w unemployment & an irreversible med procedure.

I will immediately take this to SCOTUS to seek a reversal.

[Smokin Joe]

This establishes a situation by which OSHA would force employers to require a medical treatment that is not without risk of severe and enduring adverse effects, effects for which there is no compensatory relief to be had in their event from the manufacturer of those treatments.

Since the government enjoys sovereign immunity, and the manufacturer legislative immunity from liability, the order, in effect, requires the employer to assume all risk for any adverse effects of the treatment,

The employers to play economic Russian Roulette with each required injection.

Were we to do this with a firearm to convicted heinous capital criminals, it would be adjudicated cruel and unusual punishment, yet this is arbitrarily and capriciously being applied to the very organizations and employees who form part of the foundations of our economy.