https://www.dailywire.com/news/sixth-cir...ll-hearing

Remember me saying the 6th Circuit was largely appointed by Republican presidents? That’s why the Biden admin tried unsuccessfully to have the case moved…..

Below is an interpretive dance of what the court is doing to Biden*...

Quote:A federal appeals court on Friday reinstated the Biden administration’s coronavirus vaccination policy for large private businesses, reversing an earlier court ruling that had halted one of the White House’s signature efforts to reduce transmission and drive down case counts.

The ruling by the Ohio-based U.S. Court of Appeals for the 6th Circuit can be appealed to the U.S. Supreme Court, which is likely to have the final say over the rules set to take effect Jan. 4.

The Justice Department had asked the court to clear the way for the rules designed to protect workers at large private businesses from the virus that has killed more than 800,000 people in the United States.

Under the Labor Department rules, employers with more than 100 workers must require staff to get vaccinated or face weekly testing and mandatory masking. There are exceptions for employees who do not work on-site or with others.

Legal battle over Biden’s vax-or-test mandate for businesses is just beginning
The 2-1 ruling backs the Biden administration’s authority to issue the emergency workplace rules through the Occupational Safety and Health Administration.

“The record establishes that COVID-19 has continued to spread, mutate, kill, and block the safe return of American workers to their jobs. To protect workers, OSHA can and must be able to respond to dangers as they evolve,” according to the opinion written by Judge Jane B. Stranch, who was joined by Judge Julia Smith Gibbons.

More than two dozen Republican-led states, private businesses and conservative legal groups challenged the policy. Before the legal challenges filed in courts throughout the country were consolidated at the 6th Circuit, a different appeals court temporarily halted Biden’s plans.

The Louisiana-based 5th Circuit Court of Appeal said the Labor Department exceeded its authority and ordered the OSHA to not take any further steps to implement or enforce the rules.

OSHA invoked a rarely used power to issue the policy, which is expected to cover 84 million workers.

The states challenging the policy told the court that the case is one of “exceptional importance” that will “affect the personal health decisions of tens of millions of Americans, coast to coast.”

“It will determine whether private companies — many of which are still struggling to survive the economic carnage inflicted by COVID-19 — must invest resources helping the federal government run a mass-vaccination program,” according to the filing from 27 states, led by Ohio Attorney General Dave Yost.

On Capitol Hill, Senate Republicans pushed through a recent proposal that aims to repeal the vaccine or testing requirements for private companies, saying the rules are unconstitutional and put jobs at risk. Two Democrats, Sens. Joe Manchin III (W.Va.) and Jon Tester (Mont.), joined their GOP colleagues in passing the measure, which is expected to face resistance in the House.

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Once this line is crossed, then OSHA can be used to enforce any President's - or party's - personal agenda. The cost to private industry will be extreme. People just think the supply chain is impacted right now. Let this flagrant power grab continue unimpeded and watch what happens.

I personally believe the "true power" running the USG behind the scenes is pushing this through the Alzheimer impacted Biden* in order to increase economic chaos and further divide the country.

The virus from China has been a huge success for the Democrats control over U.S. citizens and they have major plans to continue this for YEARS.

This will move on to the Supreme Court.

(12-17-2021 08:22 PM)CrimsonPhantom Wrote:  

Link

(12-17-2021 06:23 PM)UofMstateU Wrote:  Below is an interpretive dance of what the court is doing to Biden*...

I loves interpretive dances like them ones. +3

(12-18-2021 01:10 PM)GoodOwl Wrote:  

(12-17-2021 06:23 PM)UofMstateU Wrote:  Below is an interpretive dance of what the court is doing to Biden*...

I loves interpretive dances like them ones. +3

Sadly, Biden doesn't know/understand/care. Neither do his handlers. They know that they have comrades implanted in courts nationwide that are either true believers or compromised.

Dang. Beat me to it by a minute.

I would propose a couple of revisions to the federal court statutes:

1) Only the Supreme Court can declare a law unconstitutional. Lower courts merely interpret the law. They can ask for an advisory opinion from the Supremes regarding constitutionality of a statute in a pending case, but that is not binding.

2) Decisions by District/Circuit courts can only be applied within the particular district/circuit. No more cherry picking a favorable district court to get a ruling that is binding nationwide.

(12-18-2021 01:47 PM)Owl 69/70/75 Wrote:  I would propose a couple of revisions to the federal court statutes:

1) Only the Supreme Court can declare a law unconstitutional. Lower courts merely interpret the law. They can ask for an advisory opinion from the Supremes regarding constitutionality of a statute in a pending case, but that is not binding.

2) Decisions by District/Circuit courts can only be applied within the particular district/circuit. No more cherry picking a favorable district court to get a ruling that is binding nationwide.

I concur.

(12-18-2021 01:47 PM)Owl 69/70/75 Wrote:  I would propose a couple of revisions to the federal court statutes:

1) Only the Supreme Court can declare a law unconstitutional. Lower courts merely interpret the law. They can ask for an advisory opinion from the Supremes regarding constitutionality of a statute in a pending case, but that is not binding.

2) Decisions by District/Circuit courts can only be applied within the particular district/circuit. No more cherry picking a favorable district court to get a ruling that is binding nationwide.

it’s sad you had to point out both gimme putts!

I’ve never understood the power of the appellate as exists in its current form … exception = politics … yeah, I do understand…

Sounds reasonable to me.

(12-18-2021 01:47 PM)Owl 69/70/75 Wrote:  I would propose a couple of revisions to the federal court statutes:

1) Only the Supreme Court can declare a law unconstitutional. Lower courts merely interpret the law. They can ask for an advisory opinion from the Supremes regarding constitutionality of a statute in a pending case, but that is not binding.

2) Decisions by District/Circuit courts can only be applied within the particular district/circuit. No more cherry picking a favorable district court to get a ruling that is binding nationwide.

Oh wait, you were serious. Those are both absolutely great ideas but neither will ever come about.