Appeals Court Affirms Injunction Against
Joe Biden’s OSHA Vaccine Mandate –
Full 22-Page Ruling
Conservative Treehouse,
by
Sundance
Original Article
Posted By: earlybird,
11/13/2021 11:19:02 AM
The U.S. 5th Circuit Court of Appeals in New Orleans has ruled against the Joe Biden OSHA vaccine mandate calling it “staggeringly overbroad.”
[The 22-page ruling and opinion is AVAILABLE HERE]
The three judge panel upheld its previous decision to put a stay on the order by Joe Biden against companies with 100 workers or more. The Biden administration had instructed the Department of Labor to require COVID-19 vaccines. The Biden administration’s effort to use an Emergency Temporary Standard OHSA rule was rejected by the court citing numerous flaws in their review and ruling:
Reply 1 - Posted by:
EJKrausJr 11/13/2021 11:24:41 AM (No. 976363)
To quote Andrew Jackson's response to Chief Justice Marshall (Trail of Tears Decision): "John Marshall has made his decision; now let him enforce it."
Expect Surrender Joe to do the same to this decision.
10 people like this.
Reply 2 - Posted by:
Plex 11/13/2021 11:37:20 AM (No. 976384)
It would seem that anyone fired could now sue for wrongful discharge sine the company no longer claim thAt the mandate required discharge. Company should rehire everybody with a suitable bonus.
16 people like this.
Reply 3 - Posted by:
reefdiver 11/13/2021 11:41:03 AM (No. 976386)
This is not a vaccine, but will probably be required at least annually as the Flu shot (not mandated BTW). Look for "Vaccine" passports next with multiple pages for yearly shots. Don't think this will be accepted though, and may be the Rubicon.
8 people like this.
Reply 4 - Posted by:
DVC 11/13/2021 11:46:46 AM (No. 976391)
This pretty well drives a wooden stake through the heart of this one. Almost certainly, this is DONE.
As another poster pointed out, the only way this gets reviewed EVER is if the SCOTUS chooses to review it. Alito is assigned to choose or reject cases from the 5th Circuit, where this was decided. All that needs to happen for this to be finally dead, and it has not yet happened, is for Justice Alito to decide not to have the Supreme Court review it. Since Alito and Thomas are the two most sensible justices these days, the odds of him upsetting this seem very low. If Alito just refuses the case, effectively 'does nothing', and Demented Joe's diktat is dead. That is really easy to do.
20 people like this.
Reply 5 - Posted by:
itsonlyme 11/13/2021 11:47:03 AM (No. 976393)
Will Attorney General Merrick "Gestapo" Garland and FBI Director Christopher "Wicked" Wray send their goons to defy the order?
White House Chief of Staff Ron "Kommandant" Klain faces a dilemma whether to inform the Demented Furher. An ice cream meeting in Delaware might be in the works...........
10 people like this.
Reply 6 - Posted by:
DVC 11/13/2021 12:18:32 PM (No. 976416)
One other possibility.....the government could request an enbanc review of the entire 5th Circuit. The law permitting enbanc reviews says that these reviews require that the ruling be in pretty clear conflict with a previous Supreme Court ruling. That may be possible, we'll have to see if they can find some SCOTUS previous ruling that they imagine that this conflicts with.
6 people like this.
Reply 7 - Posted by:
jalo1951 11/13/2021 12:29:25 PM (No. 976427)
The shot will not stop you from getting covid. The shot will not stop you from passing covid to someone else. The shot could make your episode of covid easier to handle, keep you out of the hospital and perhaps save you from a death sentence. So what's the big deal? I can still get covid, and I can still pass covid. So how does that make me different or more dangerous from a person who has not had the shot? The end game is do I want to try for the extra protection for me. Leave us alone. FJB
12 people like this.
Reply 8 - Posted by:
Lake Dweller 11/13/2021 12:31:00 PM (No. 976430)
But the lawless Biden DOJ won’t care. We are not living n America anymore.
7 people like this.
Reply 9 - Posted by:
earlybird 11/13/2021 3:51:45 PM (No. 976558)
Much as I like Sundance’s detailed reporting, on this I’ll opt for the accessible version by Mark Wauck, posted a while ago…
Cliff’s Notes...
0 people like this.
Reply 10 - Posted by:
SkeezerMcGee 11/13/2021 4:46:39 PM (No. 976574)
OSHA's butt has been kicked HARD! Below are a few (of many) zingers from the Court's ruling:
"In its brief, Texas makes a compelling argument that § 655(c)(1)’s neighboring phrases “substances or agents” and “toxic or physically harmful” place an airborne virus beyond the purview of an OSHA ETS in the first place."
* * * * *
"The list goes on, but one constant remains—the Mandate fails almost completely to address, or even respond to, much of this reality and common sense."
* * * * *
"The Mandate is staggeringly overbroad."
* * * * *
"At the same time, the Mandate is also underinclusive."
* * * * *
"The underinclusive nature of the Mandate implies that the Mandate’s true purpose is not to
enhance workplace safety, but instead to ramp up vaccine uptake by any means necessary."
* * * * *
"If the deficiencies we’ve already covered aren’t enough, other miscellaneous considerations seal the Mandate’s fate. For one, “[t]he Agency cannot use its ETS powers as a stop-gap measure,” Asbestos Info., 727 F.2d at 422, but concedes that that is precisely what the Mandate is intended to do here."
* * * * *
"First, the Mandate likely exceeds the federal government’s authority under the Commerce Clause because it regulates noneconomic inactivity that falls squarely within the States’ police power. A person’s choice to remain unvaccinated and forgo regular testing is noneconomic inactivity."
* * * * *
"Indeed, the courts “always have rejected readings of the Commerce Clause . . . that would permit Congress to exercise a police power.” United States v. Lopez, 514 U.S. 549, 584 (1995) (Thomas, J., concurring). In sum, the Mandate would far exceed current constitutional authority."
* * * * *
"But health agencies do not make housing policy, and occupational safety administrations do not make health policy. Cf. Ala. Ass’n of Realtors, 141 S. Ct. at 2488–90. In seeking to do so here, OSHA runs afoul of the statute from which it draws its power and, likely, violates the
constitutional structure that safeguards our collective liberty."
* * * * *
"In addition, IT IS FURTHER ORDERED that OSHA take no steps to implement or enforce the Mandate until further court order."
2 people like this.
Reply 11 - Posted by:
Lawsy0 11/13/2021 6:41:54 PM (No. 976654)
It seems it is usually a Democrat regime who tries to make a law out thin air. There goes the doctrine of Stroke of the Pen, Law of the Land, or the closely aligned doctrine of my phone, my pen, my law.
1 person likes this.
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The Dems are used to using the courts to their advantage. Nice to see Biden hit a wall.