Conservative-Majority Court Chosen to Decide on Biden’s Private Employer Vaccine Mandate

https://www.theepochtimes.com/...pOE%2FWAReR2jD1VqE82

An appeals court dominated by Republican-nominated judges was chosen at random Tuesday to deal with the flurry of lawsuits against the Biden administration’s private business COVID-19 vaccine mandate.

The U.S. Court of Appeals for the Sixth Circuit was the winner of a lottery that was triggered by multiple appeals courts receiving challenges to the mandate, which was promulgated at the behest of President Joe Biden and would affect every business with 100 or more workers if it’s allowed to take effect.

Thirty-four petitions for review, or suits, were filed against the mandate. At least one petition was filed in every single court of appeals in the nation.

Federal law says that challenges to a rule in multiple appeals courts shall lead to a lottery, from which one court is picked. That court then handles the cases, which are consolidated.

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.

The judges said the mandate raised “grave statutory and constitutional issues.”

In a longer opinion reaffirming the stay, the panel said the mandate imposes a financial burden on businesses, “exposes them to severe financial risk if they refuse or fail to comply, and threatens to decimate their workforces (and business prospects) by forcing unwilling employees to take their shots, take their tests, or hit the road.”

Three judges in the newly chosen circuit will be randomly picked to hear the case. Their decision can be appealed to the full court.

The Supreme Court is expected to ultimately rule on whether the mandate is legal.

Plaintiffs argue the mandate is outside the authority of the Department of Labor’s Occupational Safety and Health Administration (OSHA), which issued it earlier this month. They say the Biden administration failed to explain why such a mandate is needed now, when the COVID-19 pandemic started in March 2020 and vaccines have been available since late last year.

“This mandate represents the greatest overreach by the federal government in a generation. It is illegal and unconstitutional and we are committed to ensuring it never sees the light of day,” Patrick Hughes, president and co-founder of the Liberty Justice Center, and one of the lawyers fighting the mandate, said in a recent statement.

Biden administration officials have defended the vaccination requirement, arguing OSHA can impose measures to keep workers safe.

“If OSHA can tell people to wear a hard hat on the job, to be careful around chemicals, it can put in place these simple measures to keep our workers safe,” Ron Klain, the White House chief of staff, said on NBC over the weekend.

Ron Klain looks to be eat up with the Dumbass…

“If OSHA can tell people to wear a hard hat on the job, to be careful around chemicals, it can put in place these simple measures to keep our workers safe,” Ron Klain, the White House chief of staff, said on NBC over the weekend.

Ok Ron, you pos, here’s an analogy for YOU. You should be able to pick the kind of hard hat you wear. Natural immunity is a better designed, more effect helmet than one that starts to crack and fail after 4-6 months, requiring you to get a new hard hat.

Only a moron or tyrant would compare wearing a hardhat to the injection of an experimental,ineffective vaccine-wannabe that has already spent years as a pharma-lab failure.

I can take my hard hat off when not at work, can't do that with a vaccine that negatively effects my health.

This thing will end up at SCOTUS ultimately, so nothing a court does up to that point really matters in the long run.

I'm going with partly true on that.
Sure, the Supreme can overturn them, but I think the opinions of the Fifth and Sixth Circuits do matter. And, so far, we are winning. Now if they split... all bets are off.

quote:

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.

The judges said the mandate raised “grave statutory and constitutional issues.”

In a longer opinion reaffirming the stay, the panel said the mandate imposes a financial burden on businesses, “exposes them to severe financial risk if they refuse or fail to comply, and threatens to decimate their workforces (and business prospects) by forcing unwilling employees to take their shots, take their tests, or hit the road.”

A shitload, as in MILLIONS of people could be losing their livelihoods in less than 60 days, so it DOES matter what the court does in the short term!

quote:

Originally posted by Muddflap:

quote:

Originally posted by feersum dreadnaught:

quote:

Originally posted by Muddflap:
feersum, I can’t seem to find that table you posted. Could you provide a link please?

It came from here - https://twitter.com/jmrevelho/.../1460685043626651659

I checked the COVID and a few other, and those numbers were legit.

OK, thanks. I went to that Vigiaccess web site, and poked around, and couldn't find anything that looked like that table.

Muddflap I tried too and did not find table. However I did perform a search for each item on the list and found the numbers. Please note that the numbers are slowly increasing. I am guessing someone may have performed a manual search and listed the numbers themselves. God Bless

quote:

Originally posted by wcb6092:
“If OSHA can tell people to wear a hard hat on the job, to be careful around chemicals, it can put in place these simple measures to keep our workers safe,” Ron Klain, the White House chief of staff, said on NBC over the weekend.

OSHA can tell people actively working on a construction site to wear a hard hat. It cannot tell every employee of a construction company to wear a hard hat in all places and at all times. Imagine the secretary at the corporate office wearing a hard hat in the break room while she eats her lunch? They also cannot, at the same time, exempt people who work at construction companies with less than 100 employees from ever wearing a hard hat. If this is they best argument they can come up with, I like the good guys' chances.

TEXAS: Radio Host Refused Monoclonal COVID Treatment Because He’s Not ‘Black Or Hispanic’

https://nationalfile.com/texas...t-black-or-hispanic/

Harrison Hill Smith, a Texas radio host, was denied monoclonal antibody treatment for COVID because he is white, not black or Hispanic.
Smith, who presents the American Journal on the InfoWars network, tweeted on Saturday that he was denied receiving monoclonal antibody treatment for COVID because he was white, adding that such treatment was only available “for blacks and Hispanics,” which he described as being “fucking insane.”

Despite some initial skepticism from some leftists, Smith produced a video clearly showing medical staff declaring that the only reason for his rejection was his ethnicity.

Video at link

Dave Reilly, an America First commentator and former Republican candidate, was able to corroborate Smith’s story via a phone call with the Texas State Infusion Hotline. “There’s eligibility criterias that we go by, and African American and Hispanic are high risk ethnicity groups, so that would be a qualifier,” the hotline staff member told Reilly, saying that “people with a BMI of 25 or higher, people who are 65 years of age or up, or high risk ethnicity groups can get it.”

“So if you are a healthy, in-shape, Caucasian, and you show up, you are not gonna get an infusion?” Reilly asked the phone representative. “Based on the criteria that we go by right now, that is correct,” they confirmed.

t is unclear exactly where the guidance of certain ethnic groups counting as being “high risk” and therefore eligible to receive monoclonal treatment for COVID has come from. In official Texas HHS and other government and state documents, including the FDA’s Emergency Use Authorization for the treatment, that discuss high risk groups, ethnicities are not mentioned.

However, such guidelines can be found on private hospital websites, but are also clearly known by state employees, as demonstrated by Reilly’s call to the Infusion Hotline. The infusion centers where the treatment is taking place are also funded by the Texas state government, meaning that the policy is at the very least approved by proxy by the Abbott administration.

Speaking exclusively to National File, Smith described what happened as being “the inevitable result of the critical race theory/equity theology worming its way into healthcare,” and said that the implications of his refusal are “obvious and horrifying. Race and gender extremism isn’t just in gender study classes or elementary schools, it’s being taught in Medical schools and is having real-world effects.” Smith also revealed he was not giving any COVID treatment at all following his rejection for monoclonal treatment.

Many other conservatives and supporters of the America First agenda were astonished by Smith’s video. Darren Beattie, the former Trump White House official and founder of Revolver News, said Smith’s rejection for treatment was simply “outrageous,” comparing the incident to the policies of the CCP, who also “denies medical treatment to Uyghurs on account of their ethnicity.” Representative Thomas Massie slammed the “divisive policy,” adding that “denying people life-saving medical treatment based on ethnicity is not ok.”

^^^^^^
Heeeeeeeyyyy...call the ACL...oh wait. Nevermind...

So basically a brown person that crossed the border illegally will get treatment and a taxpaying white person (who will foot the bill for said brown person) will not. Sounds about right.

https://www.thegatewaypundit.c...-pending-litigation/

OSHA Suspends “Implementation and Enforcement” Of Biden’s Authoritarian Vaccine Mandate For Businesses Pending Litigation

By Julian Conradson
Published November 17, 2021 at 2:10pm


The Occupational Safety and Health Administration (OSHA) announced that they would be suspending the “implementation and enforcement” of Biden’s vaccine mandate for businesses with 100 employees or more pending litigation.

The agency was forced to pause its plans after a court-ordered stay against the mandate was upheld earlier this week by the US 5th Circuit Court of Appeals. In their decision, the 3-judge panel eviscerated the forced vaccine policy, calling it a “one size fits all sledgehammer” that would upend the constitution and individual liberty.

As of Tuesday, the agency’s website was updated to reflect the change.

It now reads:

quote:

“On November 12, 2021, the U.S. Court of Appeals for the Fifth Circuit granted a motion to stay OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard, published on November 5, 2021 (86 Fed. Reg. 61402) (“ETS”).

The court ordered that OSHA “take no steps to implement or enforce” the ETS “until further court order.” 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.”

OSHA being forced to suspend the policy this early in the game is a huge win that sets a strong precedent for future court battles to be decided against the mandate.

The seemingly out of nowhere decision to comply with the court order is a major departure from the stated plans of the Biden administration who have been saying that they plan to plow ahead with the authoritarian mandate – fighting every challenge that comes their way.

Biden’s corrupt DOJ even issued a statement after the 5th Circuit Court’s decision, saying that they plan to “vigorously defend” the mandate and noted that this is “just the beginning”

From the DOJ:

quote:

“Today’s decision is just the beginning of the process for review of this important (Occupational Safety and Health Administration) standard.
The department will continue to vigorously defend the standard and looks forward to obtaining a definitive resolution following the consolidation of all of the pending cases for further review.”

Biden’s regime must have come to the realization that they had no choice other than to comply, but that does not mean the mandate is gone for good.

The court order backed them into a corner, forcing OSHA to suspend the mandate for now – only time will tell what else the swamp has up its sleeve to force this mandate through and make Americans take this experimental vaccine against their will – OSHA even clarifies in their statement that the suspension is “pending future developments in the litigation.”

Challenges to Joe Biden’s OSHA vax mandate was assigned to the conservative-leaning 6th US Circuit Court of Appeals Tuesday after a ping-pong lottery.

quote:

Originally posted by gearhounds:
“If OSHA can tell people to wear a hard hat on the job, to be careful around chemicals, it can put in place these simple measures to keep our workers safe,” Ron Klain, the White House chief of staff, said on NBC over the weekend.....

Hey Ronnie Boy, note that OSHA uses rules to keep potentially harmful chemicals OUT of employees bodies. Note, out of the body, not, inject chemicals INTO the body...

Thanks for playing Ronnie, concession prizes are available in the short bus out back...

8 Dead, 80 Infected In Fully-Vaccinated Connecticut Nursing Home

https://www.zerohedge.com/covi...ecticut-nursing-home

An outbreak of COVID-19 has terrorized a Connecticut nursing home, leaving eight dead and about 100 infected, according to NBC Connecticut.

Geer Village Senior Community in North Canaan, Connecticut, is an independent and assisted living home which experienced a severe outbreaking of the virus. Since Sept. 30, 22 employees and 67 residents have contracted the virus, with eight residents dying from virus-related health issues.

Director of Nursing Cady Bloodgood and CEO Kevin O'Connell published a statement that said they're continuing to "monitor the situation closely."

"Sadly, we have lost eight residents with serious underlying health issues to COVID," the nursing home said. "We are encouraged to see 69 staff and residents already recovered and coming off isolation. While we must continue with COVID-19 prevention protocols, we want to assure everyone we are doing our best to keep residents and staff safe."

The outbreak is centered around the assisted living facility and appears to be isolated. As of Monday, the facility only had three positive cases.

NBC News said that "all but two of the infected staffers and residents were fully vaccinated." The nursing home said, "We are obviously concerned we experienced some level of waning immunity."

COVID boosters are being rolled out across the country to help with the waning effectiveness of the vaccine. However, residents at Geer aren't eligible for booster shots until the facility has at least two weeks of no positive cases.

All visits at the facility are on hold as assisted living facilities are particularly vulnerable to an outbreak of the virus.

What's troubling is vaccinated people are getting the virus. Lancet recently released a study comparing the efficacy of COVID vaccines to the effectiveness of protection provided by previous COVID infections. Their conclusion: while vaccines lower the risk of infections with the delta variant within households, those fully vaccinated are still vulnerable to a 'breakthrough' infection if somebody they live with gets infected.

... and maybe this is why Biden's vaccine mandate has yet to deliver promised results.

So talking with my former manager, he's looking for a new job. I've been busy in a class this week so not a lot of chit chat time, but the discussion is so wide spread I've talked to three people who won't comply. Pressure is mounting, and likely bigger than I know as I spend 90% of my time in my assigned building unless there's a shortage of people or an emergency.

Mind you I live in DC Metro and in ultra liberal Loudoun County. Combined with OSHA dropping/pausing implemention, there's a headwind forming. Hopefully the .Gov contractor portion is next on the chopping block.

So sick and tired of the "break-through" media spin. There is no breakthrough - because there is no barrier. They are issuing these elderly folks a flannel shirt and telling them its bulletproof.

quote:

Originally posted by Graniteguy:
So sick and tired of the "break-through" media spin. There is no breakthrough - because there is no barrier. They are issuing these elderly folks a flannel shirt and telling them its bulletproof.

I'd like to think that the vaccine was originally effective, but Delta rendered it only barely effective and boosters actually work. Now I'm leaning towards flannels.

^^^The 'Delta variant' could be a direct result of the vaccine...Just Sayin'