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Author Topic: Biden’s OSHA Mandate Rejected On Appeal  (Read 483 times)

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Offline SeanJohnson

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Biden’s OSHA Mandate Rejected On Appeal
« on: November 16, 2021, 06:08:39 AM »
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    • Serious constitutional concerns’: Appeals court affirms pause on Biden’s business vax mandate
    The Biden administration’s new vaccine mandate for businesses |raises serious constitutional concerns that either make it more likely that the petitioners will succeed on the merits,' a panel of the Fifth Circuit Court of Appeals said Friday.
    Featured ImageWASHINGTON, DC - NOVEMBER 12: U.S. President Joe Biden speaks during a cabinet meeting in the Cabinet Room of the White House November 12, 2021 in Washington, DC. Biden discussed the recently passed Infrastructure Investment and Jobs Act. (Photo by Drew Angerer/Getty Images)Getty Images


    Raymond Wolfe
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    Mon Nov 15, 2021 - 2:27 pm EST
    NEW ORLEANS (LifeSiteNews) — A federal appeals court reaffirmed a pause on the Biden administration’s new COVID-19 vaccine mandate for private businesses, slamming the unprecedented rule as “staggeringly overbroad” and “fatally flawed.”
    A three-judge panel of the Fifth Circuit Court of Appeals ruled Friday that the mandate, issued by the Occupational Safety and Health Administration (OSHA) as an emergency temporary standard earlier this month, “grossly exceeds OSHA’s statutory authority.”


    The panel rejected an appeal by the Biden Justice Department to lift a stay imposed by the court last week.
    The vaccine mandate “threatens to substantially burden the liberty interests of reluctant individual recipients,” Judge Kurt D. Engelhardt, a Trump appointee, wrote for the panel.
    “Likewise, the companies seeking a stay in this case will also be irreparably harmed in the absence of a stay, whether by the business and financial effects or a lost or suspended employee, compliance and monitoring costs associated with the Mandate, the diversion of resources necessitated by the Mandate, or by OSHA’s plan to impose stiff financial penalties on companies that refuse to punish or test unwilling employees.”
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    “It lastly bears noting that the Mandate raises serious constitutional concerns that either make it more likely that the petitioners will succeed on the merits,” Engelhardt added.
    OSHA’s emergency temporary standard requires all businesses with more than 100 employees to make workers take the COVID-19 vaccine or undergo weekly testing by January 4. Employers would be forced to implement mask requirements for unvaccinated employees by December 5.
    The mandate, which impacts an estimated 84 million workers, threatens fines of $13,653 per violation and more than $136,000 for repeated violations.
    The Fifth Circuit temporarily blocked the rule last Saturday, saying that it posed “grave statutory and constitutional issues.”
    A group of Republican-led states, including Texas, Louisiana, Mississippi, South Carolina, and Utah, filed a lawsuit with the court to block the mandate hours after OSHA announced it, stating that the agency lacked authority to mandate vaccination nationwide.


    Judge Engelhardt affirmed those arguments, writing that OSHA was not intended by Congress “to make sweeping pronouncements on matters of public health affecting every member of society in the profoundest of ways.”
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    The mandate “likely exceeds” the constitutional authority of the federal government altogether, Engelhardt continued, “because it regulates noneconomic inactivity that falls squarely within the States’ police power.”




    At least 27 Republican-led states have challenged the rule in various circuit courts, joined by several businesses and religious groups. Around 20 states have also sued against Biden’s COVID vaccine requirements for federal contractors, which remain in effect.
    A special judicial panel will consolidate all legal challenges to the OSHA mandate to one appellate court on Tuesday, in a “multicircuit lottery” requested by the Biden administration, the Washington Free Beacon reported.
    A new court could revoke the stay issued by the Fifth Circuit, though the fate of the mandate will likely be decided by the Supreme Court.


    The Biden administration has moved at a record pace to fill vacancies on federal courts in recent weeks and has already flipped at least one circuit court to majority Democrat-appointed since January.





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    Offline SeanJohnson

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    Re: Biden’s OSHA Mandate Rejected On Appeal
    « Reply #1 on: November 16, 2021, 07:30:43 AM »
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    • Of course, the bought and paid for SCOTUS will allow it in the end, so I don’t know why I bothered to post the OP.
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    Offline Viva Cristo Rey

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    Re: Biden’s OSHA Mandate Rejected On Appeal
    « Reply #2 on: November 16, 2021, 07:33:03 AM »
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    • To give hope.
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    May God bless you and keep you

    Offline Viva Cristo Rey

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    Re: Biden’s OSHA Mandate Rejected On Appeal
    « Reply #3 on: November 16, 2021, 07:52:14 AM »
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    • aised in an Irish Catholic family in Sacramento, California, Kennedy is a married father of three, and once worked closely with Reagan when he was California governor. Those close to Kennedy claim his pro-ɧoɱosɛҳųαƖ rulings (his major victory was authoring the majority opinion in Obergefell v. Hodges, the 2015 case that legalized gαy marriage in all 50 states) are explained by the influence of former gαy mentor Gordon Schaber, dean of McGeorge School of Law in Sacramento, who hired Kennedy in the 1960s as a teacher. 

    Can’t trust any Catholics on the Supreme Court.

    The law of God reigns above law of man.

    The law and will of man is coming from satan.
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    Offline Viva Cristo Rey

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    Re: Biden’s OSHA Mandate Rejected On Appeal
    « Reply #4 on: November 16, 2021, 08:01:14 AM »
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    • Kennedy prompted mortal sin. And Kennedy was Catholic. 

    Two years later, Kennedy authored the majority ruling in the decision of Obergefell v. Hodges, which holds that same-sex couples must be allowed to marry nationwide.[62][63] The closing paragraph of Kennedy's ruling has been used by many couples in their marriage vows:[64]
    Quote
    No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice and family. In forming a marital union, two people become something greater than once they were.

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    Offline SeanJohnson

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    Re: Biden’s OSHA Mandate Rejected On Appeal
    « Reply #5 on: November 17, 2021, 12:14:55 PM »
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    • OSHA reaction:

    https://www.osha.gov/coronavirus/ets2

    On November 12, 2021, the U.S. Court of Appeals for the Fifth Circuit granted a motion to stay OSHA's COVID-19 Vaccination and Testing Emergency Temporary Standard, published on November 5, 2021 (86 Fed. Reg. 61402) ("ETS"). The court ordered that OSHA "take no steps to implement or enforce" the ETS "until further court order." While OSHA remains confident in its authority to protect workers in emergencies, OSHA has suspended activities related to the implementation and enforcement of the ETS pending future developments in the litigation.
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    Offline SeanJohnson

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    Re: Biden’s OSHA Mandate Rejected On Appeal
    « Reply #6 on: November 17, 2021, 03:23:02 PM »
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    • Formidable challenges to mandate now organizing in both houses of Congress too:

    https://www.foxnews.com/politics/republicans-block-biden-vaccine-mandate
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    Offline 2Vermont

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    Re: Biden’s OSHA Mandate Rejected On Appeal
    « Reply #7 on: November 17, 2021, 03:42:57 PM »
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    • Hopefully the 2 suits against Biden's healthcare/CMS mandate will follow suit.
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    Offline DigitalLogos

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    Re: Biden’s OSHA Mandate Rejected On Appeal
    « Reply #8 on: November 17, 2021, 04:05:37 PM »
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    • Keep praying that Rosary novena, things seem to be slowly coming apart at the seams! :pray:
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    "In all thy works remember thy last end, and thou shalt never sin." [Ecclus. 7:40]

    "A holy man continueth in wisdom as the sun: but a fool is changed as the moon." [Ecclus. 27:12]

    Offline Seraphina

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    Re: Biden’s OSHA Mandate Rejected On Appeal
    « Reply #9 on: November 17, 2021, 05:18:51 PM »
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    • In 1992, my father got written up after an OSHA inspection for “installing new equipment before training employees and posting proper usage and safety protocol.”  He had to meet with the director of the laboratory at a certain time to discuss the matter.  In the meantime, he was told by the director to rectify the matter ASAP.  Only problem, OSHA did not specify which equipment, and the assembly hangar over which he was supervisor contained literally thousands of pieces of equipment.  There was no recent major pieces of equipment, or he’d surely know about it!  He had one of his go to the purchasing department and bring back the last 30 days requisition records.  The records revealed nothing had been ordered or installed.  It was probably an error which my father would turn into a bureaucratic nightmare to remedy.  My father was a stickler for the minutiae of proper procedures and safety precautions being known and understandable to every worker.  You can’t be lax when dealing with the construction, running, and maintenance of atom smashers!  
    When he went to the meeting, he was surprised to see some 20 other department heads and supervisors.  They’d all be written up in exactly the same manner on the same day, by the same OSHA inspector. There was some discussion of what “equipment” had been installed in the different work areas without proper training and posting the protocol.  The heads were from such diverse departments as personnel, (today would be called HR), the motor pool, health physics, the machine shop, etc. The lab director told his secretary to contact OSHA for more information, and he adjourned the meeting.  On the way out the door, the woman from health physics jokingly suggested the mystery equipment might be the blown-air hand driers
    in restrooms.  Turned out she was right!  
    I’m not sure how the issue was actually resolved, but OSHA was insisting upon training sessions and posting of procedures for operation and safety, so my father and another man from his department wrote up a highly technical treatise to be distributed to all personnel!  I wish I had a copy of it, because it was hilarious.
    This is the same OSHA that’s supposed to manage the vaccination status of everyone in the United States?   Right.  I’m sure they’ll do a terrific job.
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    Offline SeanJohnson

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    Re: Biden’s OSHA Mandate Rejected On Appeal
    « Reply #10 on: November 17, 2021, 05:31:42 PM »
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    • Liberal companies/industries might go forward with mandates anyway:

    About a week ago, we received notice that my autistic son's therapy center would be implementing the mandate, and consequently, anticipated resignations and terminations which would in turn reduce services (i.e., for lack of staff).

    Strangely (not really), in light of these two court defeats regarding the OSHA mandates, we have received no corrective updates notifying us that the mandate is on hold.

    My impression is that this outfit WANTS the mandate, and is using the OSHA baloney as an excuse to justify what they wanted to do (i.e., they just wanted an excuse to blame it on someone else).
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