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The Biden Administration Is Asking an Appeals Court to Lift the Order Blocking OSHA's Vaccine Mandate

Rumplestiltskin

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The government argues that the 5th Circuit erred in concluding that the rule "grossly exceeds OSHA's statutory authority."​

Jacob Sullum11.23.2021 7:20 PM


USAvaccineDreamstime

(Angellodeco/Dreamstime.com)
The Biden administration today asked a federal appeals court to dissolve the stay blocking implementation of its vaccine mandate for private employers, warning that any delay in enforcing the rule "would likely cost many lives a day." In an emergency motion filed with the U.S. Court of Appeals for the 6th Circuit, the government's lawyers say there is no merit to the statutory or constitutional arguments against the mandate, which demands that companies with 100 or more employees require them to be vaccinated against COVID-19 or wear face masks and submit to weekly testing.

The Occupational Safety and Health Administration (OSHA) published that "emergency temporary standard" (ETS) on November 5. The U.S. Court of Appeals for the 5th Circuit temporarily blocked it the following day, saying it raised "grave statutory and constitutional issues." The 5th Circuit extended its stay on November 12, saying the ETS is "fatally flawed" because it "grossly exceeds OSHA's statutory authority." Last week, various challenges to the mandate, including the 5th Circuit cases, were consolidated and assigned by lottery to the 6th Circuit, which the government is now asking to override the other court's order.

The ETS option, which OSHA rarely uses, allows the agency to circumvent the usual rule making process, which typically takes years, by imposing regulations that take effect immediately upon publication. But to avoid the public notice, comment, and hearing requirements that ordinarily apply to OSHA rules, the agency has to identify a "grave danger" to employees "from exposure to substances or agents determined to be toxic or physically harmful or from new hazards." It also has to show the emergency standard is "necessary to protect employees from such danger."

The 5th Circuit said OSHA had failed to satisfy those statutory requirements. It added that the mandate "raises serious constitutional concerns." The government says the appeals court was wrong on both counts.

The administration's motion recapitulates the dispute about whether the COVID-19 virus counts as a "physically harmful agent" or a "new hazard." The government says it is both, citing favorable dictionary definitions, prior OSHA policy, and the relatively recent discovery of the coronavirus, which "was unknown in the United States until early 2020."

The 5th Circuit, by contrast, suggested that was not recent enough to justify an emergency standard. It wondered why OSHA waited nearly two years before declaring a workplace emergency. The government says changing circumstances, including business re-openings, the development of vaccines, and the proliferation of the especially contagious delta strain, explain the delay.

The 5th Circuit suggested that OSHA's mission is limited to hazards that are either unique to workplaces or especially acute there, as opposed to dangers that are "widely present in society." It said COVID-19, a contagious disease that can be transmitted in any place where people gather, falls into the latter category.

The government notes that "OSHA has required precautions for bloodborne pathogens, which can be contracted outside the workplace, and has long imposed workplace sanitation and fire rules, even though such concerns are not workplace-specific." It says "workplace dangers have long been understood to include the dangers of contracting communicable diseases as a result of being in close proximity to other employees." And it argues that "COVID-19 is a particularly acute workplace hazard," because "the nature of workplaces is that employees come together in one place for extended periods and interact, thus risking workplace transmission of a highly contagious virus."

The 5th Circuit faulted OSHA for issuing a "staggeringly broad" rule that failed to adequately consider variations in risk between industries, workplaces, and employees. The government says such tailoring is neither practical nor legally required.

The appeals court said OSHA's 100-employee cutoff made the ETS "underinclusive," which suggested the agency was not actually motivated by a desire to promote workplace safety, as opposed to pursuing President Joe Biden's general goal of boosting the nationwide vaccination rate. The government says OSHA is "proceeding in a stepwise fashion" by applying the ETS to "companies that OSHA is confident will have sufficient administrative systems in place to comply quickly." It says the agency may ultimately decide to include smaller businesses.

The 5th Circuit said OSHA's mandate raises potential problems under the nondelegation doctrine, which is supposed to uphold the separation of powers by constraining lawmaking by executive agencies. The government notes that the nondelegation doctrine has almost never been used to overturn a congressional grant of power. All the doctrine requires is that such grants include an "intelligible principle" to guide agency action, a standard the government thinks is easily met by the statutory criteria for an ETS.

The 5th Circuit said OSHA's rule "likely exceeds the federal government's authority under the Commerce Clause, because it regulates noneconomic inactivity [i.e., the individual decision to forgo vaccination] that falls squarely within the States' police power." The government says that's the wrong way to look at the mandate.

"Congress has long regulated companies engaged in interstate commerce in a variety of ways," the motion notes, "and the Supreme Court has upheld such regulations of employment conditions as within Congress's commerce power." The government says the ETS "regulates employers who have affirmatively chosen to participate in interstate commerce" and "establishes conditions for employees' safe participation in employment—an economic activity." Like "many federal laws that regulate business conduct," it says, the standard "prescribes rules concerning how to engage in that commercial activity, and those rules sometimes require taking actions."

The 5th Circuit said OSHA shall "take no steps to implement or enforce the Mandate," which was scheduled to take full effect on January 4, "until further court order." Because "the harms to the government and the public…of continuing the stay would be enormous," the administration argues, the 6th Circuit should dissolve it entirely. Failing that, the government says, the 6th Circuit should limit the stay to the parts of the ETS dealing with vaccination, thereby allowing the testing and masking requirements to take effect.
 

I Against I

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Why do old people like joe biden, Bill gates, Anthony fauci, etc etc, get so obsessed with wanting to experiment on little kids with crippling dangerous experimental MYSTERY POTIONS?

Are they trying to handicap the next generation cause they are bitter about not having much time left here on earth?


its-getting-weird-real-housewives-of-atlanta.gif
 

Rumplestiltskin

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Why do old people like joe biden, Bill gates, Anthony fauci, etc etc, get so obsessed with wanting to experiment on little kids with crippling dangerous experimental MYSTERY POTIONS?

Are they trying to handicap the next generation cause they are bitter about not having much time left here on earth?


its-getting-weird-real-housewives-of-atlanta.gif

Lifetime patients. Early indoctrination. And with the trans sh!t and puberty blockers, the kids become lifetime gifts to pedos.
 

1010winns

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I hope they block it. Majority of the population vaxxed why they getting they depends in a bunch harassing folks?
Just fck off. This why republicans abt to get that damn oval again
 

cherrybomb2018

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Why do old people like joe biden

Because he is the president of the United States


Bill gates,

Because he has a medical foundation, that is what he is doing with "the rest of his life" after Microsoft.


Dr. Anthony fauci,

Because he is the foremost infectious disease physician dealing with respiratory viruses in the United States, because as a doctor at the CDC it is his job and responsibility EVERY SINGLE DAY TO DEAL WITH IT.

It's not yours, obviously.



etc etc, get so obsessed with wanting to experiment on little kids

Does this article say ANYTHING ABOUT LITTLE KIDS? Osha is for the workplace, so NOT little kids. And who said experiment? The "experiments" have been done.


with crippling dangerous experimental MYSTERY POTIONS?

The drugs are not experimental at all. They went through clinical trials and show me evidence of ONE PERSON who was "crippled" at all.

They aren't "MYSTERY POTIONS" either, all the ingredients are available which you can get right here:

Frequently Asked Questions about COVID-19 Vaccination



Are they trying to handicap the next generation

Show me one child who was "handicapped." Actually, they are trying to help everyone stay alive, because even children sometimes die of this.



cause they are bitter about not having much time left here on earth?

They are doing the responsible thing, you aren't.
 

cherrybomb2018

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And please STOP yammering about how they are untested yada yada yada

Safety​

Are COVID-19 vaccines safe even though the vaccines were developed rapidly?
While COVID-19 vaccines were developed rapidly, all steps were taken to make sure they are safe and effective:
  • Approach to Development Scientists have been working for many years to develop vaccines against viruses like the one that causes COVID-19. This knowledge helped speed up the initial development of the current COVID-19 vaccines.
  • Clinical Trials – All vaccines in the United States must go through three phases of clinical trials to make sure they are safe and effective. During the development of COVID-19 vaccines, phases overlapped to speed up the process, but all phases were completed.
  • Authorization or Approval Before vaccines are available to people, the U.S. Food and Drug Administration (FDA) assesses the findings from clinical trials. FDA determined that three COVID-19 vaccines met FDA’s safety and effectiveness standards and granted those vaccines Emergency Use Authorizations (EUAs)external icon. This allowed the vaccines to be quickly distributed to control the pandemic. Before recommending COVID-19 vaccination for children, scientists conducted clinical trials. The FDA gave the Pfizer-BioNTech COVID-19 vaccine emergency authorization to use in children ages 5 years through 15 years old and full approval to use in people ages 16 years and older. Read more about the first COVID-19 vaccine to receive FDA approvalexternal icon.
  • Manufacturing and Distribution – The U.S. government has invested substantial resources to manufacture and distribute COVID-19 vaccines. This allowed vaccine distribution to begin as soon as FDA authorized each vaccine.
  • Tracking Safety Using Vaccine Monitoring Systems – COVID-19 vaccine safety monitoring has been the most intense and comprehensive in U.S. history. Hundreds of millions of people in the United States have received COVID-19 vaccines. Through several monitoring systems, CDC and FDA continue to provide updated information on the safety of these vaccines.


Okay? They tested the damn things. They had things waiting in the hopper and decades of research to help them out. Nowadays they even know what certain "molecules" of a drug can do because it is computer based. They don't have to play in the laboratory to concoct it. And they had thousands of people dying every day.

Stop the bµllsh!t, please, you are potentially killing people you don't even know.

There are three phases of a clinical, FDA approved study, they went through ALL OF THEM. The only thing they did differently was run some phases of the tests concurrently. They had major money from the US government to distribute them too.
 

KimberlyWest

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And please STOP yammering about how they are untested yada yada yada

Safety​

Are COVID-19 vaccines safe even though the vaccines were developed rapidly?
While COVID-19 vaccines were developed rapidly, all steps were taken to make sure they are safe and effective:
  • Approach to Development Scientists have been working for many years to develop vaccines against viruses like the one that causes COVID-19. This knowledge helped speed up the initial development of the current COVID-19 vaccines.
  • Clinical Trials – All vaccines in the United States must go through three phases of clinical trials to make sure they are safe and effective. During the development of COVID-19 vaccines, phases overlapped to speed up the process, but all phases were completed.
  • Authorization or Approval Before vaccines are available to people, the U.S. Food and Drug Administration (FDA) assesses the findings from clinical trials. FDA determined that three COVID-19 vaccines met FDA’s safety and effectiveness standards and granted those vaccines Emergency Use Authorizations (EUAs)external icon. This allowed the vaccines to be quickly distributed to control the pandemic. Before recommending COVID-19 vaccination for children, scientists conducted clinical trials. The FDA gave the Pfizer-BioNTech COVID-19 vaccine emergency authorization to use in children ages 5 years through 15 years old and full approval to use in people ages 16 years and older. Read more about the first COVID-19 vaccine to receive FDA approvalexternal icon.
  • Manufacturing and Distribution – The U.S. government has invested substantial resources to manufacture and distribute COVID-19 vaccines. This allowed vaccine distribution to begin as soon as FDA authorized each vaccine.
  • Tracking Safety Using Vaccine Monitoring Systems – COVID-19 vaccine safety monitoring has been the most intense and comprehensive in U.S. history. Hundreds of millions of people in the United States have received COVID-19 vaccines. Through several monitoring systems, CDC and FDA continue to provide updated information on the safety of these vaccines.


Okay? They tested the damn things. They had things waiting in the hopper and decades of research to help them out. Nowadays they even know what certain "molecules" of a drug can do because it is computer based. They don't have to play in the laboratory to concoct it. And they had thousands of people dying every day.

Stop the bµllsh!t, please, you are potentially killing people you don't even know.

There are three phases of a clinical, FDA approved study, they went through ALL OF THEM. The only thing they did differently was run some phases of the tests concurrently. They had major money from the US government to distribute them too.

The only thing that can control for the variable of time… is time. Nothing has proven that these vaccines will be safe 4 or 5 or 10 years down the line.
 

I Against I

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Lifetime patients. Early indoctrination. And with the trans sh!t and puberty blockers, the kids become lifetime gifts to pedos.




Maths are mathing.

Fallen World :(


Edit — shout out to whoever working at PBS had the nuts to mention Bill Gates vaccine push, climate initiative AND his epstein ties in the SAME sentence. They GET IT. Maybe there is a sliver of hope in the MSM after all. I sure hope so. I will be giving PBS additional consideration based on this alone. That's a mic drop moment.

 
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Serenityy

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Why are they pushing this bs so hard? It's really not that serious. Fatality rate is 1% and less than 1% for kids. I need them to stop and focus on more important things like this economy, women's rights, and judicial system.
 

SunkissedBri

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Biden is doing too much. If these mfs don't wanna get vaccines & they wanna be in a rush to earn that darwin award, who tf are we to stop em?

judge-judy.gif
 

StrummerGirl

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Why are they pushing this bs so hard? It's really not that serious. Fatality rate is 1% and less than 1% for kids. I need them to stop and focus on more important things like this economy, women's rights, and judicial system.
$$$$
It’s always the reason.
 

geos85

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Biden is doing too much. If these mfs don't wanna get vaccines & they wanna be in a rush to earn that darwin award, who tf are we to stop em?

judge-judy.gif
I kinda agree with you but only because vaccines are now available to everyone but at the same time alot of ppl who got vaxxed did it cuz they needed to. There is gonna come a day when all the unvaxxed will be feral propoganda artists who will be working remotely fom their wood sheds.
 

I Against I

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Why do old people like joe biden

Because he is the president of the United States

Bill gates,

Because he has a medical foundation, that is what he is doing with "the rest of his life" after Microsoft.


Dr. Anthony fauci,

Because he is the foremost infectious disease physician dealing with respiratory viruses in the United States, because as a doctor at the CDC it is his job and responsibility EVERY SINGLE DAY TO DEAL WITH IT.

It's not yours, obviously.



etc etc, get so obsessed with wanting to experiment on little kids

Does this article say ANYTHING ABOUT LITTLE KIDS? Osha is for the workplace, so NOT little kids. And who said experiment? The "experiments" have been done.


with crippling dangerous experimental MYSTERY POTIONS?

The drugs are not experimental at all. They went through clinical trials and show me evidence of ONE PERSON who was "crippled" at all.

They aren't "MYSTERY POTIONS" either, all the ingredients are available which you can get right here:

Frequently Asked Questions about COVID-19 Vaccination



Are they trying to handicap the next generation

Show me one child who was "handicapped." Actually, they are trying to help everyone stay alive, because even children sometimes die of this.



cause they are bitter about not having much time left here on earth?

They are doing the responsible thing, you aren't.
93.33% of the feedback on the post that triggered you is positive. Only one user wanted to lodge a complaint with the manager.

Send your thoughts and prayers to your therapist dont send em to me

I'm not gonna agree to test on innocent children like lab Rats just to satisfy Joe biden, Bill gates, and Anthony faucis vaccine mandate fetishes. It's a no go zone for me dawg. Myocarditis in Young Boys is not the cost of freedom.

As for Joe biden, he doesn't believe in lines or boundaries with kids






Which was my implied point. Everyone else seemed to understand. Maybe you hadn't seen this before, either?




Bidens own VP says the president should not have the power to mandate vaccines. Almost made Mike Pence cry

Hope this helps


@cherrybomb2018 where did you go?? Why are my critics so quick to reply initially, but so slow to reply to my detailed counterpoint replies laden with receipts? :(

Hell.... that coffee addicted liberal font that despises me has sent me over 350+ "troll gift" messages, but is still too scared to read my 2-3 messages replying back.

Last Read: Never. :b45

This new generation of liberal activists soft asf.... Just pitiful! They aren't gonna make it.... if Biden or Fauci says to drink the cyanide infused flavor aid, they wont refuse, and will instead drink an extra cup out of spite. Lol.

Screenshot_20211124-151913_Chrome.jpg
 
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AntoniaThomas

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So when is the next ruling? I don't get why this entire thing needs to be dragged out like some sort of show. Just shut it down already
 

Boujiee

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I hope the higher government entities continue to block this mandate and all types of future mandates in regards to the COVID-19 vaccine UNTIL there is substantial evidence and long term studies on how it affects the human population. Biden seems to think he is above the legislative government and can ignore the US constitution/ concerns of the people.
 

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