Sixth Circuit Court reinstates Biden mandate on large vaccines at large companies

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The Sixth Circuit Court of Appeals has on Friday overturned a ruling by the Fifth Circuit that had blocked President Joe Biden from forcing companies to fire workers who aren’t vaccinated or not tested for Covid weekly.

The Biden mandate affects about 80 million workers in America at companies with more than 100 workers. The ruling lifts an injunction placed against the implementation of the mandate in November.

The Sixth Court says that the Occupational Safety and Health Administration proved there is a “pervasive danger that COVID-19 poses to workers—unvaccinated workers in particular—in their workplaces.”

Alaska had joined in the lawsuit, along with several other states. Friday’s ruling will most certainly be appealed to the Supreme Court.

Read: Alaska joins other states suing Biden over private company mandates

Judge Jane B. Stranch wrote that the “old normal” is not going to return and that Congress gives OSHA the authority to regulate workplaces in regard to viruses:

“The COVID-19 pandemic has wreaked havoc across America, leading to the loss of over 800,000 lives, shutting down workplaces and jobs across the country, and threatening our economy. Throughout, American employees have been trying to survive financially and hoping to find a way to return to their jobs. Despite access to vaccines and better testing, however, the virus rages on, mutating into different variants, and posing new risks. Recognizing that the “old normal” is not going to return, employers and employees have sought new models for a workplace that will protect the safety and health of employees who earn their living there. In need of guidance on how to protect their employees from COVID-19 transmission while reopening business, employers turned to the Occupational Safety and Health Administration (OSHA or the Agency), the federal agency tasked with assuring a safe and healthful workplace. On November 5, 2021, OSHA issued an Emergency Temporary Standard (ETS or the standard) to protect the health of employees by mitigating spread of this historically unprecedented virus in the workplace. The ETS requires that employees be vaccinated or wear a protective face covering and take weekly tests but allows employers to choose the policy implementing those requirements that is best suited to their workplace. The next day, the U.S. Court of Appeals for the Fifth Circuit stayed the ETS pending judicial review, and it renewed that decision in an opinion issued on November 12. Under 28 U.S.C. § 2112(a)(3), petitions challenging the ETS—filed in Circuits across the nation—were consolidated into this court. Pursuant to our authority under 28 U.S.C. § 2112(a)(4), we DISSOLVE the stay issued by the Fifth Circuit for the following reasons.

Read the court’s reasons at this link:

38 COMMENTS

  1. If the “old normal is never going to return”, Judge Jane Stench, it will only be because power-mad sociopaths like you do not want it to, or allow it to.

  2. This is the fast track to SCOTUS, had they ruled en banc it could have taken until May 2022 to hear their ruling and then have it go before SCOTUS. I suspect SCOTUS will issue a stay and take on the case before long.

    • Steve, if you think that the Supreme Court (what the hell is “SCOTUS”?) is going to overturn this ruling from the Sixth Circuit Court, and definitively overturn Pretendent PotatoHead’s unconstitutional and evil mandate, you are dreaming. The Supreme Court in the last 20+ has almost NEVER ruled in favor of the individual, and has in almost every case upheld the power of the (expansive) federal government..
      .
      If the Supreme Court does NOT uphold the mandate, I will eat my hat. But let’s just say I am not getting the ketchup ready.

      • Jeff,
        You seriously don’t know what SCOTUS is, why am I not surprised that you’ve never heard of the acronym for the Supreme Court Of The United States? Not only will SCOTUS rule this mandate unconstitutional, it would be surprising if it wasn’t unanimous. Contrary to ill-informed opinions, you know the kind you have a habit of sharing, the current SCOTUS has held unanimous rulings more often than not. In fact during the last term more than half of SCOTUS rulings were unanimous decisions…SCOTUS isn’t nearly as partisan as the partisans would have the ill-informed believe.
        .
        Better get the fork and knife out, you’re going to need them.

        • Steve,
          As usual, you attempt to substitute bluff and diversion for honest conversation and debate. You not only do not deny the very obvious point I raised about the Supreme Court’s egregiously pro-government record of rulings over the past 20+ years, you don’t even address it, while trying to claim that you did. Why am I not surprised.
          .
          No, the Supreme Court will vote to affirm Biden’s illegal, unconstitutional and diabolical mandates. That is a certainty.

          • Jeff,
            If you were in fact seeking honest discussion and debate it would be the first time you’ve attempted to do and since your attempt was in your typical style of writing I could not tell you were looking to have an honest conversation and debate, so I apologize for responding the way I did.
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            Just a quick question, how exactly could I have denied what you claim without even addressing it?
            .
            I suspect that you haven’t actually looked at the record of SCOTUS rulings over the past 20+ years and that as you claim SCOTUS “almost NEVER” rules in favor of the individual. If you were to actually take the time to review SCOTUS rulings you’d find that what you claim is the opposite of what and how SCOTUS rules. There are far too many examples of SCOTUS rulings favoring individual liberty to list here, but I do hope you look into it and inform yourself.

          • Steve,
            Putting aside your insistence on repeatedly using your ridiculous acronym for the Supreme Court, you are simply doubling down on your usual bluff and bluster, evasion and repetition of malicious falsehoods.
            .
            I have in fact paid close attention to all major Supreme Court rulings over the past 20+ years, and I strain to remember even one that meaningfully upheld the rights of the individual over the power of the federal government, or of government in general, not to mention their consistent pro-corporate-power travesties.
            .
            I really, really have to wonder, “Steve”, just what motivates you (or who pays you) to troll here with the reflexively pro-status-quo, pro-establishment opinions that you consistently espouse?
            You, Steve, are the very definition of the worst and most loathsome kind of malevolent troll, the willful deceiver. My well-justified contempt for you and those like you is boundless.

          • Jeff,
            SCOTUS is a well known and frequently used acronym for the Supreme Court of the United States, just like POTUS is for the President of the United States, most Americans are aware of this…apparently there are still some foreign agents who haven’t received that message.
            .
            Regarding personal liberty cases decided by SCOTUS, just off the top of my head I would start with a case that is near and dear to the hearts of Alaskans and go with the two time UNANIMOUS Sturgeon decision.
            .
            The infamous gay wedding cake decisions in both Oregon and Colorado.
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            The 2nd Amendment Heller decision.
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            The list as I previously mentioned is extremely long, you really should inform yourself before making such ignorant statements, or even afterwards. I’m honestly embarrassed for you at your continued insistence upon sharing your ignorance.

          • Jeff,
            Since we both know you won’t inform yourself, here is a partial list of SCOTUS case that find for constitutionally protected individual liberty from the past 20 or so years:
            .
            Association for Molecular Pathology v. Myriad Genetics, Inc
            .
            McDonald v. City of Chicago
            .
            Boy Scouts of America et al. v. Dale
            .
            Hurley v. Irish American Gay, Lesbian, and Bisexual Group of Boston
            .
            Burwell v. Hobby Lobby Stores, Inc.
            .
            Espinoza v. Montana Department of Revenue
            .
            Janus v. American Federation of State, County, and Municipal Employees, Council 31
            .
            Minnesota Voters Alliance v. Mansky
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            McCutcheon v. Federal Election Commission
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            Brown v. Entertainment Merchants Association
            .
            Citizens United v. Federal Election Commission
            .
            Murphy v. National Collegiate Athletic Association
            .
            Arizona v. United States
            .
            Bond v. United States
            .
            Printz v. United States
            .
            United States v. Morrison
            .
            Ramos v. Louisiana
            .
            Miller v. Alabama
            .
            Graham v. Florida
            .
            Apprendi v. New Jersey
            .
            Roper v. Simmons
            .
            Atkins v. Virginia
            .
            Carpenter v. United States
            .
            Riley v. California
            .
            Georgia v. Randolph
            .
            Gonzales v. Oregon
            .
            Gonzales v. Carhart
            .
            Bostock v. Clayton County
            .
            Obergefell v. Hodges
            .
            United States v. Windsor
            .
            Goodridge v. Dept. of Public Health
            .
            Lawrence v. Texas
            .
            Once again, this isn’t a completely list of SCOTUS rulings protecting individual liberties over the past 20 some years, it’s only some of them.

          • Steve,

            That you would try to include the notorious and infamous “Citizens United” case as one that supposedly upholds individual rights, when in fact it does precisely the opposite, furthering the corporate financial and political rape of the USA, only speaks to your consistent cluelessness.

          • I wish we had a forum section to move conversations like this. There was substance on this thread analyzing empirical decisions of the supreme court to forecast a specific ruling.

            Looking at a competitive perspective, ADN has removed their comments in their entirety, so I understand. As have many Alaska news specific competitors. I’m sure a better way to converse upon the site and its content will only be conducive to traffic.

          • JG – I set up a forum for that purpose two years ago, but people didn’t migrate to it, and so I took it down due to the fact that everyone wanted to be in this space. Maybe we can try it again. – sd

          • Jeff,
            Hahahaha, your inner progressive is showing. That’s funny Jeff. It’s also odd that you would single out one ruling in a list nearly forty rulings long, you claim to have paid close attention to SCOTUS cases over the past 20+ years, but you didn’t know SCOTUS is the acronym for the Supreme Court, and you couldn’t think of a single case that held individual liberty over the interests of government, odd indeed. You have the gall to call me clueless and yet you clearly have no understanding of SCOTUS or their rulings. Hahahaha. You really should inform yourself before proving just how ignorant you are on virtually every subject you comment on.

          • As per usual Jeff, you are left with your ignorance and name calling…nothing more. Sadly you will learn nothing from this honest conversation and debate. I look forward to informing you of the many, many things you know not of.

  3. “Cornell University Admits ‘Virtually Every Case’ of Omicron in Fully Vaccinated Students“

    Don’t use it , you lose it…… same goes for one’s immune system.

  4. A vast majority of countries with a vast majority of their populations “vaccinated” are all experiencing a spike in infection rates. When will we stop blaming the “unvaccinated” along with ending the lie that the jabs are going to “protect their employees from c19 transmission”? This madness has got to stop. Enough of the division, enough of the lies.

  5. Well, of COURSE they did!!!

    This IS the Sixth Circuit Court of which we are speaking, who never took upon a case that they could not steer unto a ridiculous leftist direction, regardless that the majority of the time, they shall eventually be overturned…sigh…

    Though I am amazed that one of the three judges voted NOT in favor of the mandate….

    To be sure, this issue shall be taken upon and reversed by SCOTUS, but one may wonder, without a stay, how many individuals shall be detrimentally affected within this unconstitutional decision by this Marxist leaning body that is the Sixth Circuit Court….sigh…

  6. Where did Congress get the authority to bestow upon another like a celestial bellweather itself over the sovereignty of we the people. No. Line it out for me. Did Jesus receive this authority, then he gave it to Congress specially like Westward Ho, then Congress celestially created the celestial OSHA which begat the sun and even the judges are used with this lineage now. Is this how we keep the republic? Explain. Is there a chance an agency is coloring out of lines.

  7. If the injections actually prevented transmission or infection then I could see the logic of this. However that’s just not the case. In fact it sounds as though the majority of the Omicron variant is spreading primarily among the vaxxed. WE KNOW that infection and transmission of Covid is happening in both the jabbed and non-jabbed. Even the CDC admits that. And if you’ve already had Covid, you have immunity. The CDC admits there are no CONFIRMED cases of people catching it twice. But the MSM acts as though natural immunity means nothing.

    Everyone is aware of the side effects of these jabs and the fact that taking the jab is a gamble, it may put you in a coffin or impair you for life. We continue to see countries with the highest vaccination rates also having the highest rates of infections and hospitalizations. What about the fact that the states and countries with the harshest lockdown and mask mandates also have the highest infection rates? And there is NO long term data on these so called vaccines. Just take it and hope your not the one that “suddenly dies” in the next week or so.

    If they wanted to stop Covid they would actively be pushing early treatment. Yet the majority of hospitals have no early treatment protocols. Go home and come back if it gets the point you can’t breath. When all they can do is stick you on a ventilator. And Fauci, my God, the man has never even mentioned early treatment. Get the jab, get the jab, get the jab. It’s infuriating.

  8. Using the negative outcomes of regulations to justify more regulations is idiotic.

    Why don’t they review the ways to reduce the impact of the virus, not regulations, that don’t impact commerce, employment, and human liberties and flirt with stretching the constitution to the point of ignoring its intentions? They are just ignoring that the vaccinated are spreading the disease just as much, and countries, US cities and states with very high vaccination rates are still dealing with outbreaks, in some instances more than the less vaccinated locations. OSHA already has spent a lot of time reviewing this prior to this novel virus and came up with the “hierarchy of controls” that has nothing to do with telling employees that they must receive injections of any sort. It would be especially dumb to think that part of the “hierarchy of controls” should be forcing employees to receive medical procedures or injections that don’t even stop the spread of the disease. And I’m getting really sick and tired of this blaming of the unvaccinated in this sick and disingenuous way, like “we have such brave concern for the health and well being of the unvaccinated that we are going to kick them out of their life long careers”. It’s blatantly obvious that the vaccinated that push for mandates have very low regard and compassion for the unvaccinated. This is going to be very embarrassing for these judges when tensions and fears are relaxed and everyone can reflect clearly.

    After WWII, Nazis and Nazi sympathizers were shaved and forced to walk down the streets… I hope people can start reflecting on what the world might think of their actions after Fauci is proven guilty of being an egomaniac that has maniacally taken a huge role in helping the drug companies obscure the truth to maintain face and power while profiting from the manipulation of the perception of the world.

  9. Another government agency being weaponized by the left. OSHA was meant to protect workers from unsafe work environments. This is in the form of dangerous machinery, chemicals, and the workplace environment. It was never meant to enforce rules set in place for diseases. Especially when the vaccinated can spread the disease just as easily as the unvaccinated. There are other motivations here.

    • Yeah Jim, …it’s called money. Which of Big Pharma, disinfectant manufacturers, PPE manufacturers, and lawyers to handle all the lawsuits – are donating to the dems? Who is paying for all those millions of ineffective, but required, vaccines? Why must we keep people in fear? Expanding the enforcement power of the bureaucracy is never a good idea.

  10. Those who choose to stand with tyranny will fall.
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    Patriots across America will bind and have binded together.
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    ‘https://covid19.onedaymd.com/2021/11/dr-peter-mccullough-early-treatment.html’
    .
    Great message from doctors across America also holding the line. Dr. Peter A McCullough is one who kept pressing!
    .
    Stay strong!
    .
    WWG1WGA

  11. Past time for states to tell the federal government to stick it. This is major overreach and should be left to individual companies to decide… if any entity at all should even make that decision (which I don’t think that they should).

  12. If the illegals aren’t BEING FORCED TO GET their vacc’s, why should we be forced? We are born and raised in U.S.A. and are being forced. But it is they who are bringing it into our country. A few vacationers bring it back with them.

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