OSHA Emergency Temporary Standard about to drop

7,105 Views | 99 Replies | Last: 8 days ago by titan
Aggie Jurist
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The ETS is how the Biden administration intends on mandating vaccination for employees of large employers. OSHA delivered the ETS to the Office of Information and Regulatory Affairs (OIRA). That's the last step before release. I expect the ETS to be issued by Friday - then comes the litigation.
Cassius
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Maybe Russia will nuke DC.
DrEvazanPhD
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I'd like to think this is one of the major civil rights issues of our times. We'll figure out what our Supreme Court really stands for
AgResearch
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DrEvazanPhD said:

I'd like to think this is one of the major civil rights issues of our times. We'll figure out what our Supreme Court really stands for
They'll refuse to hear the case is my guess.
Pookers
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AgResearch said:

DrEvazanPhD said:

I'd like to think this is one of the major civil rights issues of our times. We'll figure out what our Supreme Court really stands for
They'll refuse to hear the case is my guess.
Don't think that will fly.
oldarmyjess66
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Supreme Court = Bunch of Cowards
The refuse to take up any cases that are controversial.
Tea Party
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It's citizens vs the government. I have zero faith one branch of the government will reign in the tyranny another branch is putting forth.
Learn about the Texas Nationalist Movement
https://tnm.me
Aggie Jurist
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Long before USSC sees this case, at least one Circuit Court of Appeal (thanks for the correction TxLawDog) will get a chance to opine. By the time it might get to the USSC, the pandemic will be over.

From what I'm hearing, the career DOL people aren't ready for this to be released - they have genuine concerns about the efficacy of the ETS. The political appointees want it released even though they know it might not hold up. It's not about that - it's about cover for large companies to mandate vaccines.
PaulC_80
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I read that OSHA has only put out a few Emergency Standards and most of them were struck down by the courts for over reach. I am hopeful that a court will kill this quickly.

But, I am guessing that Biden will make a televised speech explaining that it is a crisis of the unvaccinated and the court was wrong so he will just ignore anything the courts say and mandate it anyway. The Law does not apply to Dems.
Pookers
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PaulC_80 said:

I read that OSHA has only put out a few Emergency Standards and most of them were struck down by the courts for over reach. I am hopeful that a court will kill this quickly.

But, I am guessing that Biden will make a televised speech explaining that it is a crisis of the unvaccinated and the court was wrong so he will just ignore anything the courts say and mandate it anyway. The Law does not apply to Dems.
Someone somewhere needs to bring a suit and demand they prove the claim there's a pandemic of the unvaxxed. Its complete horse**** and they know it but lowIQ covidiots and other petty tyrants buy it.
Robin Hood Was A Thief
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This could be a case discussed for generations
PaulC_80
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Quote:

The political appointees want it released even though they know it might not hold up. It's not about that - it's about cover for large companies to mandate vaccines.
I find it amazing that our economy is teetering on the verge of collapse and our politicians are doing everything they possibly can to make the situation worse for the country and it's citizens.

Sadly almost half the country fully support this happening.
Pookers
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PaulC_80 said:

Quote:

The political appointees want it released even though they know it might not hold up. It's not about that - it's about cover for large companies to mandate vaccines.
I find it amazing that our economy is teetering on the verge of collapse and our politicians are doing everything they possibly can to make the situation worse for the country and it's citizens.

Sadly almost half the country fully support this happening.
They are intentionally destroying our economy.
coolerguy12
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At this point I'm wondering if it's beyond saving. Might be better to race to the bottom so we can start rebuilding sooner.
ChemAg15
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The ridiculous thing is that this won't do anything to stop covid.
Pookers
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coolerguy12 said:

At this point I'm wondering if it's beyond saving. Might be better to race to the bottom so we can start rebuilding sooner.
I think the powers that be are moving quicker than they would like for some unknown reason. We are still free on paper here in the US so we should be filling ****loads of lawsuits and engage in lawfare as much as possible. Worth a try anyways as rebuilding after the collapse will happen either after the ensuing civil war or after 200 years of enslavement.
Pookers
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ChemAg15 said:

The ridiculous thing is that this won't do anything to stop covid.
Everybody above room temp IQ knows this. Its very obvious what is going on here.
DallasAg 94
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Aggie Jurist said:

Long before USSC sees this case, a number of USDCs will get a chance to opine. By the time it might get to the USSC, the pandemic will be over.

From what I'm hearing, the career DOL people aren't ready for this to be released - they have genuine concerns about the efficacy of the ETS. The political appointees want it released even though they know it might not hold up. It's not about that - it's about cover for large companies to mandate vaccines.
They only need it long enough to get a few more people Vaxx'ed.

I believe IBM has mandated that by Dec 8th, employees must be Vaxx'ed or will be put on unpaid suspension.

I was told this week "do the right thing. You know what I'm talking about. And I will deny this conversation to HR."

Once you are Vaxx'ed... you can't be unVaxx'ed... once you've been 'let go' by a company... it makes it real difficult to return.
Tony Franklins Other Shoe
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Aggie Jurist said:

Long before USSC sees this case, a number of USDCs will get a chance to opine. By the time it might get to the USSC, the pandemic will be over.

From what I'm hearing, the career DOL people aren't ready for this to be released - they have genuine concerns about the efficacy of the ETS. The political appointees want it released even though they know it might not hold up. It's not about that - it's about cover for large companies to mandate vaccines.
.

This is what I think, even if it gets shot down, this is yet another test case for them to refine their next govt over reach.
bkag9824
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Aggie Jurist said:

Long before USSC sees this case, a number of USDCs will get a chance to opine. By the time it might get to the USSC, the pandemic will be over.

From what I'm hearing, the career DOL people aren't ready for this to be released - they have genuine concerns about the efficacy of the ETS. The political appointees want it released even though they know it might not hold up. It's not about that - it's about cover for large companies to mandate vaccines.


Spot on. Any chance you've seen a draft?

Edit - how do you think the ETS and Abbott's EO will play out?
baron_von_awesome
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Cassius said:

Maybe Russia will nuke DC.
Don't get my hopes up
TexAgs91
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Cassius said:

Maybe Russia will nuke DC.
Why nuke an ally?
Sully Dog
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Cassius said:

Maybe Russia will nuke DC.
Can they take Mountain View California too?
Deplorable Neanderthal Clinger
baron_von_awesome
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https://www.dailysignal.com/2021/10/07/bidens-vaccine-mandate-depends-on-osha-emergency-regulation-heres-how-thats-fared-in-court/


But relying on this bureaucratic weapon could be a risky strategy in the face of litigation threats, since courts have struck down all or part of the Occupational Safety and Health Administration's emergency regulations in four of the six legal challenges so far.
baron_von_awesome
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Aggie Jurist said:

Long before USSC sees this case, a number of USDCs will get a chance to opine. By the time it might get to the USSC, the pandemic will be over.

From what I'm hearing, the career DOL people aren't ready for this to be released - they have genuine concerns about the efficacy of the ETS. The political appointees want it released even though they know it might not hold up. It's not about that - it's about cover for large companies to mandate vaccines.
It will never be over...it's about power
baron_von_awesome
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https://www.dailysignal.com/2021/09/14/arizona-becomes-1st-state-to-challenge-constitutionality-of-bidens-covid-19-vaccine-mandate/

Arizona Becomes First State to Challenge Constitutionality of Biden's COVID-19 Vaccine Mandate
Fightin_Aggie
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PaulC_80 said:

Quote:

The political appointees want it released even though they know it might not hold up. It's not about that - it's about cover for large companies to mandate vaccines.
I find it amazing that our economy is teetering on the verge of collapse and our politicians are doing everything they possibly can to make the situation worse for the country and it's citizens.

Sadly almost half the country fully support this happening.
I don't. This is how they want it because they are either evil, stupid or both


Oh and, LET'S GO BRANDON!
The world needs mean tweets

Trump 2024
TxLawDawg
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Aggie Jurist said:

Long before USSC sees this case, a number of USDCs will get a chance to opine. By the time it might get to the USSC, the pandemic will be over.

From what I'm hearing, the career DOL people aren't ready for this to be released - they have genuine concerns about the efficacy of the ETS. The political appointees want it released even though they know it might not hold up. It's not about that - it's about cover for large companies to mandate vaccines.


Actually the ETS has an unusual appeal process. It won't be heard by district courts at all. Appeals are directly to circuit courts of appeal. However, they won't all hear them either. If challenges are filed in multiple circuits, one court will be drawn out of a hat to hear the consolidated appeal. Conservative groups will certainly file in friendly circuits like the 5th and 10th, but I also expect Democrats make sure appeals are filed in the 9th so that court has a chance to hear the consolidated appeal.

Ultimately I do think this is heard by the USSC. Not really sure how they can avoid it.
10thYrSr
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This combined with Abbott mandate and forth coming law will make this a tangled web indeed.
Get Off My Lawn
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Just a reminder: this wouldn't even be an option if past congresses hadn't fabricated and delegated powers to an unconstitutional regulatory branch.
RoadkillBBQ
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coolerguy12 said:

At this point I'm wondering if it's beyond saving. Might be better to race to the bottom so we can start rebuilding sooner.
Unfortunately it's past the point of saving, at least in any form resembling our past glory.
That is without widespread violence. Anyone who still thinks this can be resolved at the ballot box or that the federal government is miraculously going to reverse course is being willfully ignorant.
Aggie Jurist
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Quote:

Actually the ETS has an unusual appeal process. It won't be heard by district courts at all. Appeals are directly to circuit courts of appeal. However, they won't all hear them either. If challenges are filed in multiple circuits, one court will be drawn out of a hat to hear the consolidated appeal. Conservative groups will certainly file in friendly circuits like the 5th and 10th, but I also expect Democrats make sure appeals are filed in the 9th so that court has a chance to hear the consolidated appeal.
It's so rare I hadn't spent time looking at the process - you're right. I do think we'll see challenges in the USDCs on non-delegation grounds though.
Aggie Jurist
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Quote:

Spot on. Any chance you've seen a draft?

Edit - how do you think the ETS and Abbott's EO will play out?
No, I haven't seen a draft. The administration has kept this one (and the ETS issued re: healthcare workers earlier this year) under wraps before release.

Abbot's EO will have no effect.
Sgt. Schultz
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TEXIT Now!!!!
One thing that never changes

Liberals lie, its what they do. You literally cannot spell liberals without the letters L-I-A-R-S.
BuddysBud
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Has anyone noticed the "T" in ETS.

A state law is permanent unless reversed by another law.

An Emergency Temporary Standard should only be applicable for a limited time. Since COVID cases are decreasing and COVID is now a permanent part of our lives, the criteria for issuing a ETS is no longer valid.

So first FCCP and FAF for giving us this disease and FJB And FMSM for continuing the fear mongering.
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