Disclose.tv: JUST IN - U.S. federal appeals court affirms hold on Biden's vaccine mandate, calls it "staggeringly overboard".
(media.greatawakening.win)
LET'S GOOoOo
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It is federal law until some other circuit rules differently and then the Supreme Court will have to resolve any conflict between the circuits.
I read somewhere in one of the initial posts about the stay that it only applies to the states that are under the 5th circuit court. Texas, Louisiana, and a few other. But I'm definitely not a lawyer or well versed in this shit at all.
I'd have to look at the actual opinion. Those are the states that sued in the 5th circuit for sure. But usually if a federal court rules on something the executive branch has done and finds that it is unconstitutional, for example, that would mean that it's unconstitutional. That's why the 9th Cir. (CA, OR, etc.) was able to issue nation wide injunctions against Trump's immigration policies. https://www.politico.com/news/2019/12/03/ninth-circuit-nationwide-injunctions-074868.
There's been a lot of debate about whether federal courts should be able to issue nationwide rulings but they can. Here the court seems to have held that the federal government's mandate was "staggeringly over broad" so I am making an assumption that's the ruling against the mandate is not really a state or region specific.
My dog woke me up but I'm not awake enough to look into it further right now LOL. I will get back to you :).
Thanks for the info. LoL I'm awake, but not smart enough to interpret all of this stuff. I do math and design shit for a living, this lawyer stuff is waaaayyyy to much reading for my brain to handle.
There are 11 circuit courts, plus 2 in DC.
They are 1 step below the SCOTUS.
If only 1 circuit makes a ruling like this on a federal law, it is the law across the country, unless another circuit rules the opposite way on the exact same issue.
I would not be suprised if that happens, but until then, it applies nationwide.
However, if you go to district (trial) court in another circuit, the lower court might not abide by this ruling, though it should.
Rulings within a circuit are binding on the lower courts in that circuit, but only persuasive in other circuits. However, if there is no ruling in your circuit, and this ruling in the 5th Circuit, then all courts should follow this ruling as persuasive since there is no other ruling to look at. But many judges are corrupt, so there is no way to know for sure.
So, use it to advantage now, and we'll see what happens as more cards are dealt from the deck. Companies should start getting skiddish about this, now that there is a solid stay order. This is especially true for any company headquartered in Texas.
Also, it is a "stay" which means temporary. The fight is not over, but this is solid knockdown for our team.
I read they were trying to get a permanent injunction for this, not sure if that means the ruling is chiseled in stone or what.
Sauce:
https://legalinsurrection.com/2021/11/appeals-court-issues-preliminary-injunction-halting-biden-osha-employer-vaccine-mandate/?utm_source=rss&utm_medium=rss&utm_campaign=appeals-court-issues-preliminary-injunction-halting-biden-osha-employer-vaccine-manda