Biden's poking a few more bears. Maybe they're sick of being afraid of what they see as an inevitable series of court battles with the states?

Per today's Wall Street Journal, pg. A7 -

- The Labor Department is "initiating the process of revoking state-level oversight of workplace safety programs in Utah, Arizona and South Carolina"

- Their beef? "[T]he three states didn't adopt, at [a] minimum, the federal Covid-19 safety plans for healthcare workers", which OSHA released in June

- the article refers to requirements on masking, social distancing and paid time off to recover from Covid-19, but I would guess there may be more

quote:

Originally posted by Il Cattivo:
Biden's poking a few more bears...
Maybe they're sick of being afraid of what they see as an inevitable series of court battles with the states?

Ninth Amendment: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Tenth Amendment: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

The Ninth Amendment offers a constitutional safety net, intended to make it clear that Americans have other fundamental rights beyond those listed in the Bill of Rights. The amendment was added out of concern that it would be impossible to mention every fundamental right, and dangerous to list just some of them for fear of suggesting that the list was complete. Because the rights protected by the amendment are not specified, they are referred to as “unenumerated” rights, as opposed to those enumerated in the Constitution. It is up to the courts to interpret through their decisions exactly what rights the amendment does and does not protect. The Tenth Amendment was included in the Bill of Rights to preserve the balance of power between the federal government and the states. The amendment limits the federal government’s power to just what is written in the Constitution. Those powers not listed are left to each of the states. The Tenth Amendment does not specify what those “powers” are, however, leaving room for dispute between the federal and state government and need for interpretation by the courts. At different times in American history the courts have been more or less restrictive in deciding what the federal government can do and what responsibilities fall to the states.

More fun coming.Excerpts from Air Force Is First To Face Troops' Rejection Of Vaccine Mandate As Thousands Avoid Shots, 10/28/2021 Washington Post, Alex Horton:

quote:

Up to 12,000 Air Force personnel have rejected orders to get fully vaccinated against the coronavirus despite a Pentagon mandate and officials say it is too late for them to do so by Tuesday's deadline, posing a first major test for military leaders whose August directive has been met with defiance among a segment of the force....

The challenge now confronting Air Force leaders - how to address potential large-scale dissent in the face of a top health priority that has been deeply politicized - is a bellwether for the dilemma that's in store across the military's other services, which have staggered compliance deadlines ranging from the end of November to the middle of next summer and in some cases have experienced far greater resistance to President Joe Biden's mandate....

Pentagon spokesman John Kirby said this week that, generally, the number of religious exemptions for any vaccine is "very, very small." The Army, which is the largest military service, has granted just one permanent medical exemption and no religious exemptions for the coronavirus vaccine, officials said. The Navy hasn't granted any religious exemptions for any vaccine - for covid or otherwise - in the past seven years.

Full original text at http://www.yahoo.com/news/air-...roops-224930865.html

This doesn't look good for the rest of the challenges, in my non-expert opinion. Fucking Kavanaugh and Barrett trying hard to prove to Roberts and the commies that they're nobody's Justices.

https://www.thegatewaypundit.c...in-liberal-justices/

BREAKING: US Supreme Court Rejects Maine Health Care Workers’ Challenge to Vaccine Mandate in 6-3 Vote – Amy Coney Barrett, Kavanaugh Join Liberal Justices

By Cristina Laila
Published October 29, 2021 at 6:04pm


The US Supreme Court on Friday rejected a challenge from a group of Maine health care workers seeking to block a vaccine mandate based on religious grounds.

Recall, Democrat Governor Janet Mills in August announced that healthcare workers in Maine must be fully vaccinated by October 29.

The Liberty Counsel filed a lawsuit on behalf of approximately 2,000 healthcare workers in August.

Last Tuesday the Supreme Court declined to hear an emergency appeal attempting to stop a Covid vaccine mandate for healthcare workers in Maine.

Far-left Justice Stephen Breyer, who oversees complaints for the First Circuit, rejected the emergency appeal last week in the first time the highest court of the land has weighed in on a statewide Covid vaccine mandate.

Breyer denied the emergency request “without prejudice” which left the door open for Liberty Counsel to file another application for injunctive relief and Breyer referred it to the entire court.

On Friday, the highest court of the land in a 6-3 vote rejected the health care workers’ request.

Three conservative justices, Neil Gorsuch, Clarence Thomas and Samuel Alito said they would have ruled in favor of the Christian group seeking relief from the Covid vaccine mandate.

“Healthcare workers who have served on the front line of a pandemic for the last 18 months are now being fired and their practices shuttered,” Gorsuch wrote in a dissenting opinion. “All for adhering to their constitutionally protected religious beliefs. Their plight is worthy of our attention. I would grant relief.”

Amy Coney Barrett and Brett Kavanaugh, both Trump appointees, wrote an opinion concurring with the liberals in the denial of injunctive relief.

A little bit of good news for federal workers and military members seeking a religious exemption from the vaccine mandate.

[Note: embedded Twitter Tweets can be found at linked website article.]

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D.C. Judge Blocks Military Members And Employees From Being Fired Over Vaccine Mandate After Lawsuit

October 29, 2021

Several unvaccinated government employees, including active-duty military members, who were named in the lawsuit challenging the president’s vaccination mandate as illegal were granted a temporary restraining order on Thursday by a federal judge in Washington.

The plaintiffs are requesting a religious exemption from the Biden vaccination requirement for federal employees, which was originally disclosed officially on September 9.

As reported by Fox News, District Judge Colleen Kollar-Kotelly ruled that none of the civilian employee plaintiffs would be subject to discipline while their request for a religious exemption was ongoing.

Additionally, according to Judge Kollar-Kotelly’s judgment, Kotelly’s active-duty military plaintiffs whose religious exemption petitions have been refused will not be penalized or separated while their appeals are pending.

Jenna Ellis, a political journalist, and lawyer shared the decision on Twitter on Thursday: “This is an amazing development from the DC District Court in the stand for OUR RIGHTS against the unconstitutional vaccine mandates,” she said.

As reported by Fox News, “the court additionally ordered that the defendants in the Biden administration file a supplemental notice by noon on Friday, indicating whether they will agree that no plaintiff will be penalized or dismissed until the court’s judgment.”

Plaintiffs’ attorney Mike Yoder followed suit with a similar statement to Biden’s. According to his tweet, “I will be immediately filing suit against [Joe Biden] regarding his [overboard] & unconstitutional vaccine mandate.”

In addition, Yoder stated that “Your executive order may not be about freedom, but this lawsuit sure as hell is.”

Yoder went on a rant about the mandate on the internet the day before he was granted a temporary restraining order in his favor.

According to him: “Under Biden, exercising your religious freedoms will get your fired, for cause and you lose your benefits,” he wrote. “But if you perjure yourself like FBI’s Andy McCabe, you’ll get a pension, $200,000 in backpay, & $500,000 worth of attorneys fees.”

“The agreement does not change the findings of DOJ Inspector General Michael Horowitz that McCabe lied under oath to investigators on three occasions; it simply eliminates all consequences for doing so.” wrote The Hill in an op-ed last month.

As President Joe Biden stated in September, mandated immunization and testing, as well as mask restrictions, affect not just government employees, but also numerous private enterprises.

As The Daily Wire noted at the time, “Companies with at least 100 employees must require their employees get vaccinated or submit to weekly COVID-19 tests under a new Biden administration plan to combat the coronavirus and encourage vaccination.” “President Joe Biden is scheduled to outline a revamped federal strategy to address COVID-19 that includes far more invasive regulations and restrictions than the federal government has put in place to date. Part of Biden’s six-point plan involves cracking down on 100+ employee companies to push their employees to get vaccinated against COVID-19.”

As reported by The Wall Street Journal, the United States Labor Department aims to release an emergency interim standard in a couple of weeks “implementing the new requirement, which will cover 80 million private-sector workers. … Businesses that don’t comply can face fines of up to $14,000 per violation, [officials] said.”

Particularly noteworthy is that Daily Wire co-founder and co-CEO Jeremy Boreing reacted to the announcement immediately through Twitter, stating that he would not comply with Biden’s demands.

Click this link for the original source of this article.
Author: Nwo Report

Caught the announcement this evening that the ACLJ was looking for the "right" vaccine mandate lawsuit case, and finally found it in representing the Heritage Foundation.

It's worth noting that, while the Heritage Foundation has previously submitted amicus briefs in litigation, this is the first time they've been represented as a plaintiff.

[Note: hyperlinks found at linked website article.]

==========================

ACLJ Representing Heritage Foundation in Lawsuit Against Biden’s Vaccine Mandate

By

Jay Sekulow
November 30

The ACLJ has just filed a lawsuit against President Biden’s vaccine mandate on behalf of the Heritage Foundation – one of the largest conservative organizations in the nation known for its work to formulate and promote public policies that advance free enterprise, limited government, individual freedom, and traditional American values.

The lawsuit was filed directly with the U.S. Court of Appeals for the D.C. Circuit, challenging the Biden Administration’s COVID vaccine mandate for employers, which has been promulgated by the Occupational Safety and Health Administration (OSHA).

The ACLJ is no stranger to defending the constitutional rights of conservative organizations and businesses against unconstitutional government overreach, winning cases against the HHS abortion-pill mandate on behalf of numerous private employers as well as against the IRS targeting of conservative organizations and Tea Party groups.

The ACLJ is honored to serve as counsel for The Heritage Foundation in this case which focuses on the serious constitutional issues raised by the Biden Administration’s employer mandate.

Earlier this year in September, President Biden proclaimed that his “patience [was] wearing thin” with those who had made a personal choice not to get vaccinated and, thus, planned to force employers of more than 100 individuals to require their employees to get the COVID vaccine or to submit to weekly testing. On November 5, 2021, OSHA issued the mandate. Shortly thereafter, the Fifth Circuit Court of Appeals temporarily blocked it. That case, through special federal appellate procedures, has now been moved, along with several legal challenges in other circuits, to the Sixth Circuit Court of Appeals. Just last week, however, the government filed a motion to dissolve the stay issued by the Fifth Circuit which currently prevents the government from enforcing the mandate until further proceedings are held. If the motion is granted, OSHA could move forward immediately with enforcement.

Our new lawsuit on behalf of the Heritage Foundation highlights OSHA’s own prior admission that such action to regulate an infectious disease would not be appropriate, and further argues that the mandate represents a gross abuse of power that clearly encroaches on the police power traditionally reserved for states and exceeds the powers granted to Congress under the Commerce Clause which permits Congress to regulate channels of interstate commerce, not the individual personal choices of American citizens. Allowing the ultra vires Mandate to stand would impermissibly compel citizens to act as the Government would have them act.

Heritage’s current President, Kay C. James, and incoming President, Kevin Roberts, issued a joint statement on the filing. James stated:

"Dr. Roberts and I, along with the Board of Trustees, unanimously agreed The Heritage Foundation has a vital role to play in the courts to protect and secure the freedom of all Americans to make medical decision for themselves. To all of our members, to the conservative movement, and to Americans concerned by this unacceptable overreach by President Biden and his administration, I say this—Heritage’s leadership is united behind this lawsuit, and we are going to fight tooth-and-nail and send the message that our freedoms are not up for debate."

Roberts added:

"The Heritage Foundation has not historically filed lawsuits. That we are doing so now should make clear to any observer that we view this mandate as a deadly serious threat to our individual liberty and the values that make America great. Under my predecessors, The Heritage Foundation has stood rock-solid in defense of liberty, freedom, and opportunity for all, and it will continue to do so under my leadership. I wish this lawsuit were unnecessary. I wish we had an administration in the White House that respected the Constitution and the rule of law. From the unprecedented border crisis, to the disastrous Afghanistan withdrawal, to now this unlawful COVID vaccine mandate, it is irrevocably clear that this administration will stop at nothing—even harming Americans and our national interests—in pursuit of the most radical policy agenda in American history. Rest assured, we at Heritage are only just beginning to fight back."

For over three decades, the ACLJ has been at the forefront of defending personal liberties and constitutional freedoms against government overreach. With this lawsuit the ACLJ is once again doing just that. Before President Biden took office, he swore to preserve, protect, and defend the Constitution of the United States. We intend to make sure President Biden upholds this oath. We will defend liberty, and we are prepared to take this case all the way to the Supreme Court as we have done on numerous occasions in the past to preserve the constitutional rights of all Americans.

We will keep you updated as our case progresses.

Jay Sekulow
Jay Sekulow is Chief Counsel of the American Center for Law and Justice (ACLJ), one of the most prestigious law firms in the country.