A U.S. federal appeals court issued a stay on Saturday temporarily halted Democrat President Joe Biden’s vaccine mandate that would have required companies with at least 100 employees to get vaccinated for the coronavirus or be tested weekly.
The ruling from the U.S. Court of Appeals for the Fifth Circuit stated the following:
Before the court is the petitioners’ emergency motion to stay enforcement of the Occupational Safety and Health Administration’s November 5, 2021 Emergency Temporary Standard (the ”Mandate”) pending expedited judicial review.
Because the petitions give cause to believe there are grave statutory and constitutional issues with the Mandate, the Mandate is hereby STAYED pending further action by this court.
“Yesterday, I sued the Biden Admin over its unlawful OSHA vax mandate,” Texas Attorney General Ken Paxton said in a statement. “WE WON. Just this morning, citing ‘grave statutory and constitutional issues,’ the 5th Circuit stayed the mandate. The fight is not over and I will never stop resisting this Admin’s unconstitutional overreach!”
Yesterday, I sued the Biden Admin over its unlawful OSHA vax mandate.
WE WON. Just this morning, citing “grave statutory and constitutional issues,” the 5th Circuit stayed the mandate. The fight is not over and I will never stop resisting this Admin’s unconstitutional overreach! pic.twitter.com/okt2vkNRKo
— Texas Attorney General (@TXAG) November 6, 2021
Thanks much kris!
We'll see what the courts rule.
Because the petitions give cause to believe there are grave statutory and constitutional issues with the Mandate, the Mandate is hereby STAYED pending further action by this court.
Any justice with knowledge and belief of the constitution.
When I watch what the people running this country are doing - and it obviously does not include Joe Biden - I can only conclude that it isn't the Democratic Party that I belonged to for most of my life. I was a life-long Democrat for one main reason - even though I knew they were an incompetent bunch, they were the only ones who stood up against Big Money.
Today, I can come to no conclusion other than they have become totally corrupt. They aren't destroying this country due to incompetence - they are trying to destroy this country. Almost everything I see them doing seems to be pointed toward that.
Kinda the thing CFDR.
Point to anything on the Dem agenda that is good for the US. Some of it sounds like they are trying. The effort for Broadband expansion certainly would make that list. But, besides the fact that it's completely meta-constitutional, we know the effort is doomed to be way more expensive and far less effective than a private sector effort.
"Build Back Better" brought to you by the folks who have never built anyhting.
There are 2 solid arguments from both sides.
We’ll see if protecting everybody as a whole is more important or protecting each individual on a specific is more important.
To those making the ruling, that is.
On a split decision, which is likely, we get back to the opposing views from both sides and which side has more influence in the courts.....which is why the battle for supreme justices has been paramount.
I'll be happy to read Sotomayer's dissention. Always entertaining. Usually has very little to do with the constitution.
Wonderful.
I know that the right is declaring this as a huge victory but there was a near 100% chance that this delay was inevitable based on the reality.........and no, I'm not trying to put a negative spin on it. Maybe doing the opposite, so you'll be prepared in case it doesn't go your way........and no, I'm not predicting that.
The only thing that really matters it what the ruling is in the end.
In a baseball game, having a rain delay isn't a win for either side...........it just postpones the end of the game.
If the delay happens when the opposing team has the bases loaded, when the game resumes its bad news.
Or if the home team has the bases loaded.........it's good news.
The analogy isn't perfect but you get the idea............this is just a delay for the final outcome.
If anything, getting too excited over an expected outcome(at least I thought it was for sure-what do you think?) would be setting up one side for disappointment.
You expect this right?
https://www.marketforum.com/forum/topic/76747/#76891
This is why I am totally not bummed out that the left has won their climate change agenda(even as many on the right insist it wasn't won) as its being imposed. For at least the last several, if not the last 6 years, especially after the Climate Accord in 2015, the train had already left the station. There was NOT WAY to stop it. Trump was a bump in the road that slowed it down in the US for 4 years.
The world and US were on this completely political path and nothing could stop it and I stated that all along.
It was too huge, with almost the entire world behind it with enormous momentum in one direction.
But it is slowing down.
Funny thing. The disastrous consequences of the real world energy policies/dynamics make the physical fairy tale green energy schemes totally impossible to impose.
It was great in the make believe/manufactured world to convince people that it would save the planet.
Not only did our greening up planet never need saving (from weather and climate that is) but their method to save it actually does more damage.
However, even as the energy policy's blatant flaws are exposed, as is the movement.........it global socialism marches forward........which is the objective.
Another reason to bring this up is to separate the vaccine mandates from the imposition of socialism. I'm totally aware of the cultural revolution and movement and what the dynamics are and not being tricked by that mandates. This is NOT part of it.
Everything always has to be presented as entirely left and entirely right and we have many tens of millions that think this mandate is the start of more losses in freedom and not taking a stand here will allow it to happen.
Believe what you want. I take my positions and stands based on objective science and facts(and how I interpret laws-but am not the important law interpreter) and don't try to turn it into a conspiracy theory.
Not saying believing what you believe is a conspiracy theory........it isn't .
But claiming that COVID was released by nafarious humans so that people could be controlled with vaccines, especially with mandates FORCING vaccines is a widely held view by many millions from one party.
Sorry if this veered off the main topic.
If it comes down to allowing the science of the FDA, CDC and OSHA to determine what the policies are in the work place then this will go one way.
That's a tough uphill battle and one that we knew was coming:
OSHA National News Release https://www.osha.gov/news/newsreleases/national/11042021
https://en.wikipedia.org/wiki/Occupational_Safety_and_Health_Administration
The Occupational Safety and Health Administration (OSHA /ˈoʊʃə/) is a large regulatory agency of the United States Department of Labor that originally had federal visitorial powers to inspect and examine workplaces.[2]: 12, 16 Congress established the agency under the Occupational Safety and Health Act (OSH Act), which President Richard M. Nixon signed into law on December 29, 1970. OSHA's mission is to "assure safe and healthy working conditions for working men and women by setting and enforcing standards and by providing training, outreach, education and assistance".[3] The agency is also charged with enforcing a variety of whistleblower statutes and regulations. OSHA's workplace safety inspections have been shown to reduce injury rates and injury costs without adverse effects to employment, sales, credit ratings, or firm survival
That's a very good point, Tim. There is a reason why the founders wrote it the way that they did. There is a reason why changing it should not be easy. Just because a politician - or a judge - thinks we should behave in a certain way does not mean they should be able to force us if it means our constitutional rights are taken away.
Currently, if the globalist elites have their way, it would stop anyone from living their life the way I lived mine.
Once again. there are grave statutory and constitutional issues with the Mandate,
That is a prejudicial statement. I am betting even a few of the "liberal" SCOTUS justices will see it this way. The conservative justices most definitely will. While it's not game over, It's far more than a "rain delay".
CFDR, I believe in todays world, the successes I've seen in my career would be nearly impossible. And it's not likely to get easier if we continue on the current path. Quite the contraery.
This is true cfdr with regards to where we are headed in many areas with the UN as our mommy and daddy.
As you know, the worlds authority on climate that puts out regular reports on climate change is the IPCC......which is a governmental body. It was created in 1988 by the United Nations.
Their reports are followed like the bible..........even by educated climate scientists.
The truth is that the Climate Accord is just a ruse/tool using the IPCC and their climate gospel to accomplish a political goal.
So the UN created the IPCC in 1988 and started the propaganda immediately:
https://www.marketforum.com/forum/topic/76969/#77008
Here we are, 31 years later and almost none of the disasters they predicted by the year 2000 happened but predicting disasters that never happen has been an extraordinary powerful tool. .....they have mixed in exaggerating extreme weather and staging it as disasters happening.
But this is what the main affect has been:
Fake beer crisis/Death by GREENING!
Started by metmike - May 11, 2021, 2:31 p.m.
https://www.marketforum.com/forum/topic/69258/
Additional update:
Here Are the Arguments That Persuaded the 5th Circuit To Block OSHA's Vaccine Mandate for Private Employers
Started by kris - Nov. 7, 2021, 10:51 p.m.
A nationwide strike against vaccine mandates will take place from Nov. 8 to Nov. 11, according to the main organizer for the walkout, Leigh Dundas, a human rights attorney and public speaker.
The event will kick off in Los Angeles on Monday. The locations of the marches have not yet been disclosed.
The walkouts involve people from various industries such as trucking and telecom. Air and rail transport workers are not federally allowed to go on strike due to a law passed in 1926 named the Railway Labor Act, but some plan to protest anonymously.
“The Golden Gate Bridge Rally is going to be an epic and unprecedented moment in time. It will mark—on Veterans’ Day evening—a 4-day Nationwide walkout, by rank and file workers everywhere, from blue-collar to white-collar, black, white, yellow, red, every faith, every creed, who are uniquely united despite their differences on one common truth: that vaccine mandates have no place in a truly free society,” Dundas told The Epoch Times.
“Every group: anti-vaccine, BLM, gay, straight, Jewish, Muslim, Native American, Asian, Latino, Christian, atheist—all groups—are coming together for this one historic moment in time—to trumpet not just to our own government, but indeed to the watching eyes of the world, that vaccine mandates will no longer be tolerated. That in this country, WE are the government, because our founding fathers knew this truth: a truly free nation is a nation of the people, by the people, and for the people. That we are the leaders we have been waiting for. And that today marks the day that we retire vaccine mandates as a concept that cannot live in a free society, and that we are, indeed, simply that: a free society.”
The Epoch Times talked to some of these frustrated workers who will participate in the strike to see why they are doing it.
Kristen Grace has been a Raytheon Systems Engineer for 18 years.
“I will lose my livelihood on December 8, because I won’t allow an experimental gene therapy to be injected into my bloodstream. I’ve recovered from COVID, and I work from home, but the government has claimed authority over my body and medical choices. I choose natural (God’s) immunity over government,” Grace said.
Brandon Childs has been serving for 7 years in the Air Force, 5 years in active duty and 2 years with the Arizona Air National Guard (ANG).
“I have stepped away from being ANG full time due to the mandate and I was promised by my civilian job that they would never require the vaccine.
“However as an army contractor that changed within the last month. I’ve lost 3 family members in the last year one being my father a week ago. I’ve put in RE’s [religious exemptions] at both and was told that the chances of being accepted are extremely dismal and I will face what looks like a general or dishonorable discharge (with a clean military record) from one and termination for the other. Affecting the benefits I have worked for and bled for the country I love.”
Another systems engineer that has been working for Raytheon for 25 years told The Epoch Times: “I’ve submitted a Notification of Religious Accommodation. If it’s not approved, I’ll be fired on December 8th because I’m not going to violate my beliefs or surrender my Constitutional rights for a job. Honestly, this is the most stressful year of my professional life. I’ve lost many nights of sleep. Even if approved I’ll likely continue to look for a new job.
“I feel betrayed by a company I’ve given my best years. They could have stood up for us but they put profits and the ‘woke’ agenda first. I’m surrounded by fully vaccinated people with new and mysterious health issues, many have gotten COVID, but I’m treated like someone unclean, less than. Science, logic, and common sense have been tossed in the COVID dumpster fire. While I love my country, I’m ashamed of my company and my government. The only good news is that even the fully vaccinated now realize the promise of normality was all a lie. Now they are once again masked and being told boosters will be mandatory. And they are now rising up too,” the engineer said.
Christopher Burns, an attorney that works in Portsmouth New Hampshire, said: “For the first time in the history of the country the president and an entire political party seem to think it’s constitutionally appropriate to dictate to a private employer how to treat its private employees by requiring the employer to demand privately protected health information from the employee.”
Jet, a Honeywell employee, feels disappointed and is depressed about his company mandating the vaccine, which he is determined not to take due to his religious beliefs.
“I have so many feelings about this situation that it has gotten me into a state of depression. Never in a million years [had] I imagined that something like this would happen in the United States. This is what tyranny looks like and it’s not going to stop here. Equally disappointing is to see that Honeywell, along with the rest of major U.S. corporations have decided to go along and enable tyranny. I’m not getting the vaccine. I have applied for a religious exemption. If not granted, so be it. Because of this mandate, we’re now going to be treated as second-class citizens. In case people have forgotten, this is the definition of tyranny: cruel and unfair treatment by people with power over others.”
A consultant for Thomson Reuters who does not even work physically at the company is bewildered at why he should take the vaccine.
“I have been working [for Reuters for] 13 years and at least 3 consultants are 100 percent remote, 2,000 miles away from the office! They say because the company has government contracts that means I have to abide by the mandate too.
“How am I endangering anybody from my home?” the consultant asked.
John Knox is part of the LA Firefighters for Freedom.
“We are fighting against these unconstitutional mandates because anything that is repugnant to the constitution is illegal. These mandates clearly step outside the constitutional parameters. As firefighters and first responders we need to take a stand and we need to let the rest of America know we will fight and they can join us,” Knox said.
A Maine 3rd Grade School teacher thinks the COVID vaccines should not be mandated.
“People have the right to make the choices that work best for their families and for themselves. I feel it is against our rights as Americans. Why are we dying on this sword?” the teacher asked.
Amtrak’s vaccine mandate deadline is also on Dec 8, an employee told The Epoch Times about her situation under the condition of anonymity.
“Employees with religious exemptions are either 1. Denied with no explanation, or 2. ‘Approved’ for unpaid ‘personal leave,’ and not allowed to seek other work while on involuntary ‘personal leave.’ This ‘accommodation’ is exceptionally harsh and retaliatory, considering that medical exemption employees are permitted to continue work with weekly testing, including full customer contact workers such as conductors,” she said.
“Any employee not in compliance with the vax mandate will be charged with insubordination and terminated, per Amtrak repeated internal announcements.”
Eric Mallow, a railroader, said: “The longer we comply with their tyranny, the worse this will get! We were absolutely essential last year and now we are completely expendable. Standing up for the rights of Americans far outweighs the difficulty of leaving a company that sees me as an insignificant number.”
A secretary from Arizona told The Epoch Times that the mandates are a “total violation” of her freedom.
“Where does this end? If they can force vaccines in our bodies and violate our will that way, where is the line drawn? We need to fight back and not allow this,” the secretary said.