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November 17, 2021
OSHA Suspends Vaccine Mandate In Wake of Fifth Circuit Ruling That The Mandate Is "Staggeringly Overbroad" and "Raises Grave Constitutional Issues"
By the way, this has the knock-on effect of stripping away protections from companies mandating the vaccines. If they did so per a government order, they're immunized from lawsuit for vaccine injuries.
If they mandate them now, without OSHA directive -- they take their chances.
God Bless the Fifth Circuit.
The Occupational Safety and Health Administration suspended work on President Biden's vaccine mandate after a federal appeals court hit pause on rules that would force companies with 100 or more employees to require COVID-19 vaccinations or regular testing for coronavirus infection.
OSHA said the 5th U.S. Circuit Court of Appeals' decision to stay the mandate forced its hand but that the fight over Mr. Biden's rule, or emergency temporary standard (ETS), isn't over.
"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," the agency said on its website.
The 5th Circuit froze the mandate late Friday, citing "a multitude of reasons" to believe that a legal challenge is "likely to succeed on the merits." OSHA's decision to stop its own work went largely unnoticed until Wednesday.
Well... the Fifth Circuit, which is an expert in what the Fifth Circuit's ultimate ruling will be, says that you are unlikely to prevail on the merits, so suck a bag of deformed d***s, assholes.
We might then get an en banc rehearing from the full court.
Then it will go to the Supreme Court.
Whoops, my error: The Supreme Court held a lottery to determine which appeals court will hear the collected appeals for all the various lawsuits against the mandate.
The Sixth Circuit won the lottery, and it's bad news for Biden. It's a conservative-dominated court.
The Sixth Circuit oversees Kentucky, Michigan, Ohio, and Tennessee.
Active and senior status judges include six nominees of former President Donald Trump, eight nominees of former President George W. Bush, three nominees of former President George H. W. Bush, three nominees of former President Ronald Reagan, five nominees of former President Bill Clinton, and two nominees of former President Barack Obama. That means 20 of the 27 judges were nominated by Republican presidents.
"It's not good news for Biden," Lawrence Gostin, director of the O'Neill Institute for National and Global Health Law, wrote on Twitter.
A Sixth Circuit panel will decide whether to keep in place a stay of the mandate that was ordered on Nov. 6 by three Republican-nominated judges on the U.S. Court of Appeals for the Fifth Circuit.
Okay, well after that it will go to the Supreme Court.
Thanks to G'rump928(c) for that correction.
You have no authority here, Nazis. Eateth of my greasy leathren sexbag, fascist scum.
As Instapundit predicted: When fascism comes, it will come in the guise of "Health and Safety."