The Department of Labor has halted the ‘enforcement’ of the illegal vaccine mandate after the Fifth Court issued a ruling against it… but this is not enough unless corporations (mostly owned by China) also comply.
The Biden Department of Labor cannot win in court over their use of OSHA to force mandated vaccines. The effort to use an OSHA Emergency Temporary Standard (ETS) did not and will not survive judicial scrutiny.
The exemptions alone nullify the claims the ETS is built upon, and the courts are recognizing the brutally obvious political nature of the vaccine mandate effort.
Dept of Labor – “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.” (link)
While the 5th circuit case from Louisiana was the first, there are 11 total circuit court cases holding the same challenges. As a result, the cases were consolidated and assigned to one circuit court chosen randomly via lottery.
The 6th Circuit Court of Appeals in Cincinnati, Ohio, won the lottery to hear the legal challenges. “The 6th Circuit Court of Appeals, based in Cincinnati, Ohio, is known to lean conservative, with most of its judges appointed by Republican presidents.” The 6th Circuit will have to decide whether or not to lift or maintain the stay instituted by the 5th Circuit Court of Appeals, based in New Orleans.
The Occupational Safety and Health Administration (OSHA) has suspended the implementation of its federal vaccine mandate affecting roughly 80 million workers in the U.S. after the U.S. Court of Appeals for the Fifth Circuit granted a motion to stay its COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS).
“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”),” an update on OSHA’s website states.
According to the court order, OSHA is to “take no steps to implement or enforce the Mandate 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 added:
— Election Wizard (@ElectionWiz) November 17, 2021
OSHA published the Emergency Temporary Standard (ETS) this month, laying out the requirements for employers who employ over 100 workers.
The legal challenges came swiftly following the announcement of the rule, which requires employers with over 100 employees to mandate vaccines or implement rigorous testing requirements. The cost of the latter remains on unvaccinated employees, amounting to a “work tax,” as OSHA, specifically, “does not require employers to pay for any costs associated with testing.”
“This is 500 pages of a government of a bureaucracy — a government that is being run by executive edict, not in accordance with the typical constitute processes, and the state of Florida is going to respond,” Gov. Ron DeSantis (R) announced following the release of OSHA’s rule.
“And we will combat the OSHA rule. As soon as it’s published, Florida will be joining with Georgia and Alabama, as well with private plaintiffs to file suit,” he vowed.
The rule, which could affect 80 million American workers, was slated to go into effect January 4. The rule includes “planned inspections” as well as hefty fines for violators — up to $14,000 for first offenses.
The case is BST Holdings, L.L.C v. the Occupational Safety and Health Administration, No. 21-60845 in the United States Court of Appeals for the Fifth Circuit.
Earlier today, the Occupational Safety and Health Administration said it would suspend all “activities related to the implementation and enforcement” of the vaccine mandate imposed by Joe Biden’s fiat. It comes after the Fifth Circuit imposed a nationwide moratorium on the implementation and enforcement of the mandate in a blistering decision that stopped about two verbs short of calling the hastily cobbled together rule both stupid and duplicitous.
There is no reason for anyone to take a victory lap over this decision for the reasons I laid out in The Fifth Circuit Slapping Down Biden’s Illegal Vaccine Mandate Is Meaningless in the Face of a Lawless Presidency.
All OSHA is doing is giving lip service to the court ruling that the Biden bunch is actively campaigning to undercut. Think of it as the bureaucratic equivalent of taqiyya. Yesterday, 34 different lawsuits in 12 judicial circuits were consolidated in one case to be heard before the US Sixth Circuit; see Bochie’s coverage of that story at Joe Biden Gets Terrible News After a Court Is Chosen to Adjudicate His Vaccine Mandate. OSHA is attempting to show it is acting in good faith. Still, even as I write this, you can be sure that OSHA and related agencies are communicating with major companies telling them to continue to enforce a vaccine mandate, but to treat it as though it was imposed by corporate management.
There was never a point at which Biden’s vaccine mandate gave even the vaguest appearance of the legitimate exercise of authority. Its purpose was to bully federal contractors into doing what Biden had ordered and give Biden’s political allies in the corporate world the necessary tool to enforce a vaccine mandate and not take the heat for it. Whether my theory is true will be readily apparent within the next week. A federal mandate that adds to costs, deprives companies of workers, and does nothing to increase safety or avoid liability should be renounced by any sane corporate management team. Those renunciations, I predict, will not be forthcoming, and that will show we’ve moved one step further down the road to tyranny.