Federal appeals court halts Biden administration's vaccine requirement, delivering policy a major bl

[Yo_Mama_Been_Loggin]

Source: Washington Post

A federal appeals court in New Orleans has halted the Biden administration’s vaccine or testing requirement for private businesses, delivering another political setback to one of the White House’s signature public health policies.

A three-judge panel of the U.S. Court of Appeals for the 5th Circuit, helmed by one judge who was appointed by President Ronald Reagan and two others who were appointed by President Donald Trump, issued the ruling Friday, after temporarily halting the mandate last weekend in response to lawsuits filed by Republican-aligned businesses and legal groups.

Calling the requirement a “mandate,” the court said the rule, instituted through the Labor Department, “grossly exceeds OSHA’s statutory authority,” according to the opinion, written by Judge Kurt D. Engelhardt and joined by Judges Edith H. Jones and Stuart Kyle Duncan.

“Rather than a delicately handled scalpel, the Mandate is a one-size fits-all sledgehammer that makes hardly any attempt to account for differences in workplaces (and workers) that have more than a little bearing on workers’ varying degrees of susceptibility to the supposedly ‘grave danger’ the Mandate purports to address,” they wrote.

Read more: https://www.washingtonpost.com/business/2021/11/12/biden-vaccine-mandate-court-ruling/

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Why does the GOP want to kill America?

[ColinC]

1. Curious what SCOTUS will say

[TomDaisy]

2. Jesus Christ this is the only thing the media knows how to crank out at this point

"IT'S BIDEN'S FAULT THE GOP ARE EVIL AND STUPID AND KILLING PEOPLE!"



HOLY FUCK I'M SICK OF IT.

[TomDaisy]

3. here's the trump judge - Duncan

Link to tweet

?s=20

[dalton99a]

15. +1

[unblock]

4. Differences in workplaces and workers?

Ok, it only applies to workplaces with air where a virus might be, and only applies to workers with lungs.

[unblock]

5. Why us it a "major blow" to a Biden policy and not a "major boost" to the virus?

I really wish the media would treat us being as at war against Covid and describe all the crap republicans are doing as helping the enemy.

But no, they describe this crap as some kind of political victory for biden's opponents.

Americans will die as a result of this ruling, you'd think the news might want to point that out instead of focusing on the political game angle.

[orleans]

6. omg i'm so fucking sick of this. the uphill battle isn't just with the virus

but with all these fuckers -- anti vaxers, anti maskers, trumpers

yes, let's fuck things up again by unmandating vaccines / masks / indoor gatherings / etc so delta can morph into another variant

are we ever going to be out of this pandemic/virus?

[bucolic_frolic]

7. With GOP it's always a kill-the-government filter, they are sick fvcks

I still don't get it ... we're all vaccinated as kids. We get flu shots. What fool wants to run naked in the face of a deadly virus? What type of court ruling wants to allow that? "Mandate" is a term they throw at everything. "Prudence" would be a better concept.

[FBaggins]

8. Not a coincidence that it happened so quickly

They were on a clock.

Just a few days later and the cases around the country would be consolidated in a single appellate court (randomly selected) and these three could lose control.

It probably would still have lost in the end, but the administration would have a number of months of employers implementing the plan and millions more would be vaccinated before it was overturned.

The ruling itself is not as partisan as we would assume… but the race to rule so quickly clearly was.

[mahatmakanejeeves]

11. Thanks for the explanation.

Further down in the story:

The court halted the policy, scheduled to take effect Jan. 4, and ordered the Occupational Safety and Health Administration not to take further steps to implement or enforce the mandate. It is not clear whether the 5th Circuit will determine the fate of the mandate. The Biden administration had asked the 5th Circuit to hold off on ruling until a judicial lottery can take place next week to consolidate several challenges to the mandate before a single appeals court.

[azureblue]

17. wasn't precedent established

years ago with polio and smallpox?

the first vaccine mandate law was enacted in the United States in 1809 for smallpox. But the Supreme Court in 1905 in a very famous case called Jacobson v. Massachusetts upheld a Cambridge City law, which required smallpox vaccination. That was something where the Supreme Court said that we don't have a right to place other people at risk. And by 1922, in another case, Justice Brandeis, writing for unanimous court, upheld childhood school mandates, calling it settled law.
So the court simply ignored precedent to gum up the works.

[FBaggins]

18. No

Precedent was clearly set that states had the power to issue such mandates. Not the federal government

A number of challenges to state mandates have already come up and we’re quickly smacked down on that basis.

[thesquanderer]

9. Once covid is essentially curable, mandates may become a non-issue...

...and with the announcement of that Pfizer pill that looks about 90% effective in keeping infected people out of the hospital and 100% effective in preventing death, we may be almost there. At that point, mandating a covid vaccine would be like mandating a flu shot.

[Yo_Mama_Been_Loggin]

16. But more likely is many more people will die

People who otherwise wouldn't be infected had mandate been left alone.

These phony assholes are not prolife.

[Fiendish Thingy]

10. This means, with certainty, that COVID will become an endemic disease

Largely treatable once the pills become available, but endemic nevertheless.

The government will have to shift from vaccine mandates to massively ramped up testing capacity, as the new treatments only work if administered in the early stages of the disease.

In the meantime, until the pills are widely available, thousands more will die. I expect the US will top a million deaths before the midterms…

[malletgirl02]

12. "Supposedly grave danger"

So the members of this court thinks COVID-19 is not a grave danger. Have these people been living under a rock?

[Ziggysmom]

13. So sick of lame, partisan judicial appointees. Judges should be elected, not appointed.

I don't support the lifetime job the SCOTUS judges receive either.

[MichMan]

19. National elections for Federal judges?

Last edited Sat Nov 13, 2021, 03:15 PM - Edit history (1)

So whomever had the most $$$ behind them would win? Oh, maybe a celebrity !

That would be terrible

[Botany]

14. Why does the right wing want to keep going and spread a deadly disease?

I am thinking it is very Machiavellian and has something to do w/chaos theory.

Good God in Butter how many vaccines are "mandated" to go to public school?