Temporary hold: Federal judges block Biden vaccine mandate for employers

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A three-judge panel of the New Orleans Fifth District court of Appeals has granted an emergency stay, stopping the Biden Administration in its tracks from forcing employers to make sure all their workers are vaccinated against Covid by Jan. 4, 2022.

The judges said the Biden mandate raises “grave statutory and constitutional issues,” and while it is deciding on the merits of an injunction against the vaccine requirement, it ordered the Biden Administration to submit its legal argument by Monday.

In September, President Joe Biden said his emergency order that forced all federal workers and contractors to get vaccinated would expand to orders that would be coming through the Occupational Safety and Health Administration, OSHA.

On Thursday, OSHA put out its new rules for all employers of 100 workers or more saying they must either make sure all workers are vaccinated or else test unvaccinated workers weekly for Covid. Fines of $14,000 per offense or higher were part of the new OSHA regulation.

Gov. Mike Dunleavy on behalf of Alaska and 10 other Republican-led states filed a legal challenge on Friday to the vaccine mandate on private businesses.

29 COMMENTS

  1. Good news, for sure. Just so they know, I will not be conducting business with any company that issues a vaccine mandate to its employees in order to comply with President Brandon’s dictates.

  2. Glad this is happening. We cannot back down! Here are a few things I found from the webinar on the over-the-top OSHA monstrosity:

    — The 14,000 fine is per infraction and guess what? Will be going up to 70,000 per infraction.

    — The vaxxed get a bone tossed to them, in that they don’t have to wear the mask–even though, they can carry and transmit the virus.

    — The vaxxed will not have to get booster shots, if they chose not to–and their special no mask status (social credit treat) will still be just fine. Even though the ‘vaccine’ is utterly worthless after time.

    — The cost of testing (borne by the employer) cannot be done with inexpensive on-site testing kits. It has to be at a lab, or if on-site, through a lab.

    There can be no other conclusion that this program is part and parcel of trying to intentionally crash the economy, as ordered by the CCP and the Davos oligarchs who use them to force us and others into participating in the Great Reset.

    In war, there are always significant battles and this is one of them. Don’t let our elected off the hook. They MUST fight this, no matter how difficult.

      • My brother went down hill for a week. His O2 sats wet in the 60’s for two days until I was finally able to get him HCQ, antibiotics, and vitamin regimen (according to Dr. Zelenko protocol and had to hide motives and go to 2 different pharmacies to get HCQ separate from other stuff). He couldn’t get out of bed that day when I started his meds that evening. 12 hours later he had fixed himself breakfast and was doing dishes. He was back to 100% in less than a week. If only I had been able to get his meds on the first or second day it would’ve been so much easier and safer, and Ivermectin is even better.
        So why would I want a dangerous and ineffective experimental gene therapy?

      • According to the CDC 3,000 to 49,000 people in the United States die each year from the seasonal flu, with a record high of 61,000 flu deaths during the 2017 2018 season. The flu can also cause serious life threatening complications, such as inflammation of the brain, heart, or muscles. This can lead to sepsis, an emergency condition that is often fatal if not treated immediately.
        The injection for covid does not protect from covid or any other strain of flu. I would rather do whatever I can to keep myself healthy, instead of risking immunodeficiency for every disease that comes along, and all the other known and unknown effects of an experimental “vaccine”.

      • Well Greg, I have to take this stupid vaccine or lose my job. I will not take a booster. if this vaccine is truly all that they say it is, then why is there a booster? if the vaccine is not effective, then why mandate it? This is all a bunch of BS and some outfit really needs to SUE the FDA for how they have gone about approving a vaccine.

    • The employer does not bear the cost of testing, which is odd because if it’s a required safety issue that the employer is required under OSHA rules then the employer bears the cost.
      .
      I think there are a lot of other conclusions that can be drawn than the one you suggest.

    • Spot on Charlie… It would be interesting to see who the politicians are that the lawyers that are involved contribute to… And Big Pharma, and more big democrat donors… It you want to find the dirt, look at who is benefiting – follow the money.

  3. That didn’t take long, not surprisingly. This will be in front of SCOTUS in short order, I wouldn’t be shocked if we see a unanimous decision that this is unconstitutional.

    • This OSHA situation requires the initial review to be in a federal appeals court, which has occurred, and then, because there are several petitioners from different circuits, those qualifying get put into a lottery to see which circuit court hears the case.
      That said, this circuit could rule before the lottery selection but the lottery winner could one-up that decision.
      Should be an interesting watch.

    • Steve-O, I do not share your optimism on this. There is a 1905 case that up held small pox vaccine mandate “One man’s liberty, they declared in a 7-2 ruling handed down the following February, cannot deprive his neighbors of their own liberty — in this case by allowing the spread of disease.” As we all know the COVID vax doesn’t protect 100% of the inoculated from the illness nor prevent its spread, but these truths are not as important as the money and power the mandate entails. SCOTUS has defaulted several times when liberty and freedom have been challenged to money and power, Dred Scott, Plessy v Ferguson, and Prohibition cases were all extremely poor decisions made by the SCOTUS. I would remind you all Roberts rewrote Obamacare into a tax which the President clearly said it was not so it could be made law of the land in lieu of liberty and freedom.

      • That 1905 case was the Jacobson decision, it held that local jurisdictions have the constitutional authority to level vaccine mandates. Zucht v King and a few other cases have further supported the Jacobson decision. I haven’t seen any cases that allow the Federal government that same authority, in fact there is no federal law even allowing for wholesale vaccination. That is to say that Congress would need to pass legislation in order to make a nationwide vaccination legal and they haven’t done so. While the President does have certain executive powers that only allows for limited authority to mandate vaccinations, his two recent executive orders mandating vaccination are also subject to lawsuits.

  4. The most important aspect of this action is the ‘STAY’, so that said orders are not to be enacted until, and unless, the SCOTUS allows it, which I would surmise, as STEVE-O does, shall not happen, though I do not believe, as he does, that it shall be a unanimous decision, but rather a 7 -2 decision, with Sotomayor and Kagan dissenting…as is their ideological bent…

  5. It shouldn’t hold. It’s a blatant violation of the Constitution. Only states can mandate these issues.

    But the same way the Constitution was ignored to allow the draft, this will be ignored, too.

    • Yep, absolutely
      From edicts to the money trail to big pharma to big tech. After the trial and convictions, I know a sweet place just a little north of Kandahar where we can resettle these criminals.

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