6th Circuit Denies Biden

3,113 Views | 18 Replies | Last: 2 yr ago by Ernest Tucker
ElKabong
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Any legal eagles care to outline the courts next moves?

Are we waiting for an en banc decision from the 6th on the mandate? Next move after that?


BMX Bandit
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It was not the government to try to transfer it. Two separate parties wanted it moved to other circuits. That was denied.

Government wanted an expedited briefing schedule & fifth circuit stay to be dissolved . Both of those were also denied.

This was an order from the court clerk, meaning it's a procedural matter that the justices have not weighed in on very much on the merits.

In layman's terms, sixth circuit saying "we will decide all these issues and we aren't going to be in a rush to read motions"

Since there is a stay in place, this is a victory for workers.
coolerguy12
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AG
I swear these people working on behalf of OSHA are worse negotiators than my 3 year old son.

Daddy can I have a cookie?
Did you eat all your dinner?
YES!
There is still food on your plate.
Oh, buuut can I have a cookie because I want a cookie?

Did they really think it would work to have them lift the stay? Or are they just doing that to save face to pretend it actually is urgent?
ChemEAg08
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AG
I'm happy that there is some sanity left in the courts, but the more I read into this disgusting government overreach the angrier I get.
aggiegolfer03
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AG
At least if it does go into effect, they'll be a lot of workers who quit and go work for truly small businesses to avoid it. We've informally polled our folks and we'd have a LOT of people quit to do just that if they are forced to get the jab.
Ernest Tucker
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AG
BMX Bandit said:

It was not the government to try to transfer it. Two separate parties wanted it moved to other circuits. That was denied.

Government wanted an expedited briefing schedule & fifth circuit stay to be dissolved . Both of those were also denied.

This was an order from the court clerk, meaning it's a procedural matter that the justices have not weighed in on very much on the merits.

In layman's terms, sixth circuit saying "we will decide all these issues and we aren't going to be in a rush to read motions"

Since there is a stay in place, this is a victory for workers.


Not sure it's a victory for workers since big corps will just say "there is no way for us to know how the court will rule, so we need to continue preparations to be compliant with the standard"

They need to expedite this thing and overturn the mandate once and for all.
BMX Bandit
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There is no way to spin this as not a victory, even if only in short term
Ernest Tucker
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AG
BMX Bandit said:

There is no way to spin this as not a victory, even if only in short term


1. Government says you have to be compliant by 1/6
2. Court says press pause button till we decide
3. Government says you better still be ready on 1/6 or you will incur massive fines as soon as the court rules our way.

What do companies do? Wait and not be ready if the court doesn't rule their way? or continue getting people vaxxed to be compliant.

Companies don't like risk

You can spin this as not a meaningful victory. I suppose it could be a victory in the sense that there are some companies who will take on the risk. that does create avenues for employees to go and nullifies some of the "where else are you going to work" BS. But reality is that many companies will move forward with the plan.
BMX Bandit
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Hundreds of thousands of people across the country now don't have to get the vaccine for work. And you are finding a way to Debbie downer it.



aggiehawg
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AG
BMX Bandit said:

It was not the government to try to transfer it. Two separate parties wanted it moved to other circuits. That was denied.

Government wanted an expedited briefing schedule & fifth circuit stay to be dissolved . Both of those were also denied.

This was an order from the court clerk, meaning it's a procedural matter that the justices have not weighed in on very much on the merits.

In layman's terms, sixth circuit saying "we will decide all these issues and we aren't going to be in a rush to read motions"

Since there is a stay in place, this is a victory for workers.
Do we have a concrete disagreement between circuits yet, to get it to SCOTUS on an emergency basis, or is that being slow-walked too? Knew about the 5th circuit case and now this one.

Any other circuits addressed this yet?

TIA.
BMX Bandit
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My understanding is that this won't be a "circuit disagreement". The sixth circuit is the only one that matters.

They've done nothing substantively yet, but it is encouraging that they didn't strike the fifth circuit stay. My wildass guess is they will want to hear a stay motion themselves first
aggiehawg
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AG
Thanks.
Pookers
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BMX Bandit said:

My understanding is that this won't be a "circuit disagreement". The sixth circuit is the only one that matters.

They've done nothing substantively yet, but it is encouraging that they didn't strike the fifth circuit stay. My wildass guess is they will want to hear a stay motion themselves first
Can you explain this for dummies like me? Why does the sixth circuit matter more than the 5th?
BMX Bandit
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Because it's an appeal for admin agency that went straight to circuit court, not district court.

There were cases in multiple circuits, so they drew names out of a hat and the sixth circuit with children three appeal. So nothing is happening in the fifth circuit (or other circuits) anymore.
Pookers
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AG
BMX Bandit said:

Because it's an appeal for admin agency that went straight to circuit court, not district court.

There were cases in multiple circuits, so they drew names out of a hat and the sixth circuit with children three appeal. So nothing is happening in the fifth circuit (or other circuits) anymore.
Gotcha, appreciate the clarification.
one MEEN Ag
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AG
Don't know how enforceable that type of threat from the government would be.
Marcus Brutus
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Ernest Tucker said:

BMX Bandit said:

It was not the government to try to transfer it. Two separate parties wanted it moved to other circuits. That was denied.

Government wanted an expedited briefing schedule & fifth circuit stay to be dissolved . Both of those were also denied.

This was an order from the court clerk, meaning it's a procedural matter that the justices have not weighed in on very much on the merits.

In layman's terms, sixth circuit saying "we will decide all these issues and we aren't going to be in a rush to read motions"

Since there is a stay in place, this is a victory for workers.


Not sure it's a victory for workers since big corps will just say "there is no way for us to know how the court will rule, so we need to continue preparations to be compliant with the standard"

They need to expedite this thing and overturn the mandate once and for all.


Expecting companies to meet the original deadline given the fact that the courts have stopped it is not reasonable imo.

That's not to say that the Marxists in charge wouldn't come after companies based on the original timeline if they win, but I would expect if they did, the courts would slap Biden down.

But companies don't want the hassle of going against our tyrannical government. So they implement it anyway.

Biden is human waste, an absolute garbage being.
coconutED
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AG
Ernest Tucker said:

1. Government says you have to be compliant by 1/6
2. Court says press pause button till we decide
3. Government says you better still be ready on 1/6 or you will incur massive fines as soon as the court rules our way.

What do companies do? Wait and not be ready if the court doesn't rule their way? or continue getting people vaxxed to be compliant.

Companies don't like risk

You can spin this as not a meaningful victory. I suppose it could be a victory in the sense that there are some companies who will take on the risk. that does create avenues for employees to go and nullifies some of the "where else are you going to work" BS. But reality is that many companies will move forward with the plan.
The companies that are still moving forward at this point sincerely want to force vax all of their employees, and are going to do it regardless of how the court ultimately rules on the mandate. They will use the mandate as cover for as long as they can, but don't be fooled.
Ernest Tucker
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coconutED said:

Ernest Tucker said:

1. Government says you have to be compliant by 1/6
2. Court says press pause button till we decide
3. Government says you better still be ready on 1/6 or you will incur massive fines as soon as the court rules our way.

What do companies do? Wait and not be ready if the court doesn't rule their way? or continue getting people vaxxed to be compliant.

Companies don't like risk

You can spin this as not a meaningful victory. I suppose it could be a victory in the sense that there are some companies who will take on the risk. that does create avenues for employees to go and nullifies some of the "where else are you going to work" BS. But reality is that many companies will move forward with the plan.
The companies that are still moving forward at this point sincerely want to force vax all of their employees, and are going to do it regardless of how the court ultimately rules on the mandate. They will use the mandate as cover for as long as they can, but don't be fooled.



I agree with you, completely. I just wish the courts would hurry up and remove this BS excuse.
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