APPEALS COURT PERMANENTLY ENDS BIDEN OSHA CIVILIAN VAX MANDATE
(creativedestructionmedia.com)
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Permanent? I thought it was just a hold. Is this a new development from yesterday's posts? I have no idea how this shit works.
You would be correct.
The stay the court issued remains in effect for the region the court has jurisdiction over unles undone by a higher court. There will be an appeal up one level. I don't know if the next level is SCOTUS or if there is another intermediate level before them.
I believe the stay issued by the 5th circuit appeals court has national reach regarding the OSHA ets. Paragraph 8 per LA AG https://www.kwch.com/2021/11/06/appeals-court-temporarily-halts-vaccine-mandate-larger-businesses/ https://www.natlawreview.com/article/fifth-circuit-hits-pause-osha-covid-19-vaccine-or-testing-emergency-standard
I hope it does but I don't think that's how it works. Still, I hope you are correct. I don't have time to look into it now though.
OSHA being a national organization cannot discriminate against one region or another. If it's stayed in one part of the country then it has to be stayed in all the rest.
It is a nationwide stay. https://www.natlawreview.com/article/fifth-circuit-hits-pause-osha-covid-19-vaccine-or-testing-emergency-standard
Wonderful.
The article says the appeal would go to Alito
I saw they were seeking a permanent injunction. I don't think they have gotten that far yet
If recent history tells us anything then they Will blast this as a win all over social media and then a day or two later some other court will overrule it. That’s what they do in totalitarian societies. It’s supposed to wear us down and eventually make us give up.
Good thing I lost my faith in courts a long time ago and will go Charlton Heston for the remainder of my days.
After two losses, the Supreme Court is not likely to find new life for the admitted constitutional workaround. They bragged about knowing it was unconstitutional.
True and this is great news but the scotus has denied several other appeals to stop vaxx mandates. If that is indicative of the position, we're fucked when it finds it way the scotus.
Private mandates are different in legalese
Yeah, but it doesn't leave me very optimistic, especially with how corrupted every institution is
True, but there are lots of 100+ person small businesses that will not enforce their own vax mandates.
It reaffirms the hold. This was the denial of the Biden administration appealing the hold. The 5th circuit federal appeals court is tasked to determine if a lower court ruled appropriately and within the law. In order to have it overturned, they have to go to a higher court, which is the Supreme court. The court of appeals is 12 districts, they sit just under the Supreme court. The 5th circuit covers Texas, Louisiana and Mississippi. They will have to take it to the Supreme court if they want to keep the OSHA mandate on civilian companies over 100 employees.
TY
That’s great, but how can we put a hold on the mandate for federal employees, or organizations like hospitals who are in danger of closing without federal dollars?
Other suits are already filed for that purpose. We're waiting on courts to move.
If a hospital needs federal dollars it should be fucking closed. If you can't make a profit selling 20 dollar qtips there is a problem with your accounting
Society is so ill and unhealthy people just drain and waste Healthcare resources, there's no way these hospitals can stay afloat. People literally live in the hospital for months and months and get IV narcotics every 4 hours around the clock. When docs attempt to wean them off, they cause the staff huge headaches until they get their precious narcotics back.
Unfortunately, About 70% of all patients only have Medicare for their insurance- that’s the federal one. Private insurance is expensive, too expensive for most people who don’t have full time jobs. Most of the people who are in hospitals are the elderly. Then, there is a certain segment of the population who have no insurance, those people still need care, and those costs end up being sunk costs. Only about 20ish% of all patients have commercial insurance, and that is not enough to sustain a hospital. It’s not about $20 q tips, that’s just reality.
Most likely they will appeal to the a Supreme Court.
That's a little optimistic. The Court affirmed its own stay. There's nothing permanent about a stay, implicitly. But hey, you do you.
It's too early for them to shout "permanent!", but I read that ruling. Unless the Biden people pull some black magic out of a hat, there's no way that court is going to rule in favor of the mandate.
Headline misleading! The 5th circuit stayed an injunction which is a temporary measure. It could be that it will very likely go down in flames where brought up in court, but for not the injunction just suspends it going into affect.
Injunction against Injection. Sounds like an ABC Rock song in there somewhere.