Author Topic: Federal Court Stays Biden Vaccine Mandate for Private Businesses  (Read 99 times)

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Offline Eupher

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Federal Court Stays Biden Vaccine Mandate for Private Businesses
« on: November 06, 2021, 03:38:58 PM »
Quote
On Saturday, the U.S. Court of Appeals for the Fifth Circuit issued a temporary stay against the Biden administration's vaccine mandate using a rule the Occupational Safety and Health Administration (OSHA) to require private companies with 100 or more employees mandate the vaccine or subject employees to regular testing, or else face crippling fines.

Ben Winslow with FOX 13, a local outlet in Salt Lake City, was among the first to report on the ruling. The ruling comes after state attorney generals from Texas, Utah, Louisiana, Mississippi and South Carolina brought the suit, as did private businesses.

"Because the petitions give cause to believe there are grave statutory and constitutional issues with the Mandate, the Mandate is hereby STAYED pending further action by this court," the judges' opinion read.

Louisiana Attorney General Jeff Landry noted that the court's action "also commands the judicious review we sought."

Lots of Twatter crap at the link.

IOW, Let's Go Brandon, and **** Joe Biden!

https://townhall.com/tipsheet/rebeccadowns/2021/11/06/fifth-circuit-appeals-court-stays-president-joe-bidens-vaccine-mandate-n2598690?utm_source=breakingemail
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Offline SVPete

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Re: Federal Court Stays Biden Vaccine Mandate for Private Businesses
« Reply #1 on: November 06, 2021, 04:28:21 PM »
This ruling applies to states in the Fifth Circuit, AFAIK.
ADAB

Facts don't matter to DUpipo

SVPete, aka PeteS in CA, aka Traddles

Offline Eupher

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Re: Federal Court Stays Biden Vaccine Mandate for Private Businesses
« Reply #2 on: November 06, 2021, 04:49:36 PM »
This ruling applies to states in the Fifth Circuit, AFAIK.

Good point.

That includes:

Eastern District of Louisiana
Middle District of Louisiana
Western District of Louisiana
Northern District of Mississippi
Southern District of Mississippi
Eastern District of Texas
Northern District of Texas
Southern District of Texas
Western District of Texas

I have to believe that other appellate courts will follow suit, presuming there are cases pending before them -- which, I believe, there are plenty.

Lots of pissed off state AGs out there.

https://en.wikipedia.org/wiki/United_States_Court_of_Appeals_for_the_Fifth_Circuit
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Offline SVPete

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Re: Federal Court Stays Biden Vaccine Mandate for Private Businesses
« Reply #3 on: November 07, 2021, 03:27:46 PM »
I'm sure other circuits will chime in, and if they differ with each other that makes it fairly certain the USSC will take on the cases. OTOH, if they all, ultimately, strike down Biden's reg, that makes it likely the USSC will let the strike-downs stand.

As I've posted before, this is a fight Biden & Krew should not have picked, as they are not likely even to win a Pyrrhic victory.
ADAB

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SVPete, aka PeteS in CA, aka Traddles

Offline SVPete

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Re: Federal Court Stays Biden Vaccine Mandate for Private Businesses
« Reply #4 on: November 13, 2021, 12:02:09 PM »
Ron Klain retweet appears in 5th Circuit Court's ruling against Biden's vaccine mandate

https://hotair.com/karen-townsend/2021/11/13/ron-klain-retweet-appears-in-5th-circuit-courts-ruling-against-bidens-vaccine-mandate-n428985

Quote
The Fifth Circuit Court of Appeals ruled on Friday evening to reaffirm its stay of Biden’s COVID vaccine mandate. The court reasoned that the petitioners’ challenges to the mandate will succeed for “a multitude of reasons.” The court not only wrote that there are plenty of reasons for the mandate to fail to hold up to legal challenges, but that the rules go “staggeringly overboard”. ‘The mandate is a one-size-fits-all sledgehammer.’ Interestingly enough, Mr. Klain did not retweet the Fifth Circuit Court’s stay on Biden’s mandate.

A funny thing did happen, though, Friday night when social media reacted to the ruling. One of Klain’s old tweets surfaced in which he retweeted MSNBC host Stephanie Ruhle on September 9, 2021. The retweet found its way into the court’s ruling. Ruhle’s tweet calls the mandate to be enforced by OSHA “the ultimate workaround for the federal govt to require vaccinations.”

My emphasis.

1. The reasoning for the ruling augurs ill for the mandate. Either the mandate is stumped and the ruling is not challenged, or it is challenged and goes to a USSC unlikely to uphold the mandate. Outlook slightly cloudy, with a likelihood of Dummie Tears.

2. White House Chief of Staff Ron Klain's reTweet basically confirmed Ruhle's guess that using OSHA was done to circumvent normal regulatory processes and states' 10th Amendment rights. Arrogantly dumb.
ADAB

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SVPete, aka PeteS in CA, aka Traddles

Offline Eupher

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Re: Federal Court Stays Biden Vaccine Mandate for Private Businesses
« Reply #5 on: November 13, 2021, 07:54:06 PM »
Ron Klain retweet appears in 5th Circuit Court's ruling against Biden's vaccine mandate

https://hotair.com/karen-townsend/2021/11/13/ron-klain-retweet-appears-in-5th-circuit-courts-ruling-against-bidens-vaccine-mandate-n428985

My emphasis.

1. The reasoning for the ruling augurs ill for the mandate. Either the mandate is stumped and the ruling is not challenged, or it is challenged and goes to a USSC unlikely to uphold the mandate. Outlook slightly cloudy, with a likelihood of Dummie Tears.

2. White House Chief of Staff Ron Klain's reTweet basically confirmed Ruhle's guess that using OSHA was done to circumvent normal regulatory processes and states' 10th Amendment rights. Arrogantly dumb.

Which should illustrate the modus operandi of how Barry operated. Essentially, just do what the hell you want, ignore the courts, and charge on like they don't exist.

Since #SharterJoe owns the DOJ, lawsuits against his brazen abuse of power will be filed, but nothing will come of those eventual victories for one simple reason -- DOJ won't go after their boss, even when he's wrong.

This is how bad it's gotten to be.
Adams E2 Euphonium, built in 2017
Boosey & Co. Imperial Euphonium, built in 1941
Edwards B454 bass trombone, built 2012
Bach Stradivarius 42OG tenor trombone, built 1992
Kanstul 33-T BBb tuba, built 2011
Fender Precision Bass Guitar, built ?
Mouthpiece data provided on request.