Current Events > Breaking News
Supreme Court Halts COVID-19 Vaccine Rule for US Businesses!
Texacon:
--- Quote from: SVPete on January 14, 2022, 08:07:29 AM ---The ruling blocks imposition of the mandate while it is wending its way through the courts. Hypothetically at least, it could be upheld when it finally gets appealed to the Supreme Court (it almost certainly will be appealed to the USSC). Because it was blocked rather than allowed to go into force during the litigation, it probably would not be upheld, though.
--- End quote ---
You must be reading and hearing something different than I am. This path, using OSHA to implement the mandate, is absolutely dead, from everything I’m reading and hearing.
Note, I do believe the democrats will try another path, but I’m reading that this avenue is closed and will not be revisited.
KC
Texacon:
--- Quote from: Eupher on January 14, 2022, 06:24:18 AM ---Businesses React to Ruling Against Biden Vaccine Mandate
Not much reaction from large corporations, per the article. Anecdotally, my own employer (I work strictly part-time and remotely) has a "wait and see" policy right now. I'm cautiously optimistic they won't go down the mandate trail as a condition of employment, but if they get stupid and do that along with the booster, that's when I tell 'em to pound sand.
Link only, because it's an AP article and is copyrighted.
https://www.newsmax.com/politics/virus-outbreak-businesses/2022/01/13/id/1052361/
--- End quote ---
Our company has a similar approach and actually sent out a plan, pursuant to the USSC’s ruling.
There were several key members who were willing to walk and we were told we had nothing to worry about, to simply carry on as we had been. Thankfully that won’t be put to the test any time soon.
KC
SVPete:
--- Quote from: Texacon on January 14, 2022, 10:43:22 AM ---
You must be reading and hearing something different than I am. This path, using OSHA to implement the mandate, is absolutely dead, from everything I’m reading and hearing.
...
--- End quote ---
From Page 5 of the decision:
https://www.supremecourt.gov/opinions/21pdf/21a244_hgci.pdf
--- Quote ---The Sixth Circuit denied the request
for initial hearing en banc by an evenly divided 8-to-8 vote.
In re MCP No. 165, 20 F. 4th 264 (2021). ...
A three-judge panel
then dissolved the Fifth Circuit’s stay, holding that OSHA’s
mandate was likely consistent with the agency’s statutory
and constitutional authority. See In re MCP No. 165, 2021
WL 5989357, ___ F. 4th ___ (CA6 2021). Judge Larsen dissented.
Various parties then filed applications in this Court requesting that we stay OSHA’s emergency standard. We
consolidated two of those applications—one from the National Federation of Independent Business, and one from a
coalition of States—and heard expedited argument on January 7, 2022.
II
The Sixth Circuit concluded that a stay of the rule was
not justified. We disagree.
A
Applicants are likely to succeed on the merits of their
claim that the Secretary lacked authority to impose the
mandate. ...
--- End quote ---
Texacon:
--- Quote from: SVPete on January 14, 2022, 11:57:09 AM ---From Page 5 of the decision:
https://www.supremecourt.gov/opinions/21pdf/21a244_hgci.pdf
--- End quote ---
Still looks pretty dead to me. Yes, it can go back to the sixth circuit, but then what? OSHA should never have this authority, as decided already. Sounds to me like it will need to be changed, which is what I said above.
KC
SVPete:
Like I posted above:
--- Quote from: SVPete on January 14, 2022, 08:07:29 AM ---... Because it was blocked rather than allowed to go into force during the litigation, it probably would not be upheld, though.
--- End quote ---
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