6th Circuit Court Rules Against Biden Administration in OSHA Vaccine Mandate Lawsuit

By Tom Ozimek December 4, 2021

The Sixth Circuit Court has denied the federal government’s motion to transfer the Occupational Safety and Health Administration (OSHA) vaccine-or-test requirement lawsuit to a different court, while also rejecting the White House’s bid to dissolve a stay on the mandate, delivering a blow to the Biden administration’s efforts to press ahead with implementation.

In a Dec. 3 ruling, the Sixth Circuit Court denied the government’s motion to transfer the case to the Fifth Circuit and the D.C. Circuit, while also rejecting as “moot” the Biden administration’s attempt to overturn a hold on the mandate.

OSHA on Nov. 5 published an Emergency Temporary Standard (ETS) that would require private employers with 100 or more employees to impose a mandatory COVID-19 vaccinate-or-test policy. Under the rule, unvaccinated workers would also have to wear masks inside the workplace, with violators facing potential penalties of thousands or even tens of thousands of dollars per incident.

COVID-19 is the disease caused by the CCP (Chinese Communist Party) virus, also known as SARS-CoV-2 or the novel coronavirus.

After the OSHA rule was published, it triggered a torrent of lawsuits from Republican-led states, individuals, and businesses.

On Nov. 12, the Fifth Circuit granted a motion to stay the ETS and ordered that OSHA “take no steps to implement or enforce” it “until further court order, prompting OSHA to announce it has suspended implementation pending litigation.

Several legal challenges to the OSHA rule were later rolled into one and the Ohio-based Sixth Circuit Court—of which 11 of 16 judges are Republican appointees—was selected via lottery to hear the consolidated lawsuits.

The Biden administration then filed a motion on Nov. 23 to lift the Fifth Circuit’s stay on the mandate and get the case moved to a potentially more favorable court.

The Sixth Circuit Court’s Dec. 3 ruling denied both requests.

Rob Natelson, a former constitutional law professor, wrote in a recent op-ed for The Epoch Times that it’s likely the legal challenge to the OSHA rule will end up before the Supreme Court.

Natelson said the high court will likely weigh several issues relating to the ETS, including whether the mandate exceeds the powers the Constitution grants to the federal government, whether OSHA exceeded its authority under its statute, and if the vaccine-or-test requirement denies individuals due process of law.

The Fifth Circuit ruling described the OSHA rule as “fatally flawed” and said that the mandate would likely be declared unconstitutional.

In its Nov. 23 filing, the Biden administration argued that the Fifth Circuit panel erroneously interpreted the OSHA mandate, saying that “the speculative compliance costs and similar harms asserted by regulated parties cannot overcome the extraordinary harms to the public interest detailed above.”

“Simply put, delaying the standard would likely cost many lives per day, in addition to large numbers of hospitalizations, other serious health effects, and tremendous expenses,” White House lawyers alleged in the filing. “That is a confluence of harms of the highest order.”

The Epoch Times has reached out to the White House for comment.

https://www.theepochtimes.com/6th-circuit-court-rules-against-biden-administration-in-osha-vaccine-mandate-lawsuit_4138876.html

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3 thoughts on “6th Circuit Court Rules Against Biden Administration in OSHA Vaccine Mandate Lawsuit

  1. Democrats care nothing about the people they are just trying to prove they can control the people just like all dictators and spending millions and millions of dollars with pharmaceutical companies that if was traced a lot of it will be ending back up in their pockets. Greed and power what is all about with Dems as always.

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  2. According to a recent study in the Lancet, “fully vaccinated individuals with breakthrough infections have peak viral load similar to unvaccinated cases and can transmit infection…” Likewise, “People who get vaccine breakthrough infections can be contagious,” says the CDC. Even more compelling, …“vaccinated individuals still have the potential to infect others. Worse, one CDC report shows that vaccinated people can still be superspreaders. If vaccinated people still get and spread covid with the same viral load as unvaccinated people then vaccinated people should be tested for covid in the same manner as unvaccinated people, correct? Correct. CDC also states, “vaccination is NOT sufficient to prevent transmission of covid virus.” If vaccination is not sufficient to prevent transmission of covid virus, then why are employees being fired for not being vaccinated? An irrational fear of covid doesn’t entitle a workplace to discriminate against persons based on vaccine status. Simply put, there are no compelling or extraordinary reasons to selectively discriminate against unvaccinated people when vaccinated people can still infect others, have similar viral load and be contagious. Therefore, given the absence of logical grounds to continue such discrimination employers should immediately cease and desist such discrimination. An unvaccinated person carries the same level of safety as a vaccinated person, given both can get and spread covid. A more rational, fair and least restrictive solution would be to provide rapid covid testing for all employees, both vaccinated and unvaccinated, provide free testing at stores, schools and hospitals and require all people to wear masks indoors until there’s ample evidence of herd immunity. The highly transmissible Omicron variant could help countries reach herd immunity as cases continue to rise, health experts say. Let’s Go Brandon!!!!
    Sources:
    https://www.msn.com/en-us/news/us/cdc-report-shows-vaccinated-people-can-spread-covid-19/ar-AAML2bE
    https://www.thelancet.com/journals/laninf/article/PIIS1473-3099(21)00648-4/fulltext
    https://www.ibtimes.com/covid-19-herd-immunity-possible-omicron-cases-surge-experts-say-3369737d.

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