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US Appeals Court Affirms [Hold on] Mandate
11-17-2021, 07:55 AM
#13
Gets Weekends Off
Joined APC: Jan 2015
Posts: 1,063
Originally Posted by flyprdu
All because they rule against you, doesn't mean it's lawlessness. Don't be such a baby.
11-17-2021, 09:12 AM
#15
Prime Minister/Moderator
Joined APC: Jan 2006
Position: Engines Turn Or People Swim
Posts: 39,211
Originally Posted by DeltaboundRedux
I'm sure that was totally an accident and not by design.
Ahem. Cough. Cough.
Ahem. Cough. Cough.
11-29-2021, 09:43 AM
#16
Perennial Reserve
Joined APC: Jan 2018
Posts: 11,481
Healthcare mandate halted…
A federal court on Monday temporarily halted the Biden administration’s COVID-19 vaccine mandate for health workers at hospitals that receive federal funding.
The ruling by a Missouri-based federal judge applies to health care employees in the 10 states that sued to block the administration’s Nov. 5 rule.
“The scale falls clearly in favor of healthcare facilities operating with some unvaccinated employees, staff, trainees, students, volunteers and contractors, rather than the swift, irremediable impact of requiring healthcare facilities to choose between two undesirable choices — providing substandard care or providing no healthcare at all,” Schelp wrote in a 32-page order
The ruling by a Missouri-based federal judge applies to health care employees in the 10 states that sued to block the administration’s Nov. 5 rule.
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“The scale falls clearly in favor of healthcare facilities operating with some unvaccinated employees, staff, trainees, students, volunteers and contractors, rather than the swift, irremediable impact of requiring healthcare facilities to choose between two undesirable choices — providing substandard care or providing no healthcare at all,” Schelp wrote in a 32-page order
11-29-2021, 10:53 AM
#17
Gets Weekends Off
Joined APC: Nov 2020
Position: Enoch Powell Enthusiast
Posts: 2,120
There’s at least 3 things going on with mandates.
1. The OSHA mandate (the broadest) is currently stayed by the US Appeals courts. It’s the one most open to legal challenge, and so far doesn’t look likely to stand. SCOTUS may eventually disagree.
2. The federal contractor mandates. Not aware that there have been any successful appeals or if any have even been filed. So, stands. If your business wants federal contacts, they can make you inject your employees.
3. Individual employer mandate. Numerous small challenges, but I’m not aware of any stays. This one is most likely to stand; plenty of past cases on the federal and local level to back it up.
1. The OSHA mandate (the broadest) is currently stayed by the US Appeals courts. It’s the one most open to legal challenge, and so far doesn’t look likely to stand. SCOTUS may eventually disagree.
2. The federal contractor mandates. Not aware that there have been any successful appeals or if any have even been filed. So, stands. If your business wants federal contacts, they can make you inject your employees.
3. Individual employer mandate. Numerous small challenges, but I’m not aware of any stays. This one is most likely to stand; plenty of past cases on the federal and local level to back it up.
11-29-2021, 11:40 AM
#18
Banned
Joined APC: Sep 2015
Position: 3+ hour sit in the ATL
Posts: 1,982
Originally Posted by DeltaboundRedux
There’s at least 3 things going on with mandates.
1. The OSHA mandate (the broadest) is currently stayed by the US Appeals courts. It’s the one most open to legal challenge, and so far doesn’t look likely to stand. SCOTUS may eventually disagree.
2. The federal contractor mandates. Not aware that there have been any successful appeals or if any have even been filed. So, stands. If your business wants federal contacts, they can make you inject your employees.
3. Individual employer mandate. Numerous small challenges, but I’m not aware of any stays. This one is most likely to stand; plenty of past cases on the federal and local level to back it up.
1. The OSHA mandate (the broadest) is currently stayed by the US Appeals courts. It’s the one most open to legal challenge, and so far doesn’t look likely to stand. SCOTUS may eventually disagree.
2. The federal contractor mandates. Not aware that there have been any successful appeals or if any have even been filed. So, stands. If your business wants federal contacts, they can make you inject your employees.
3. Individual employer mandate. Numerous small challenges, but I’m not aware of any stays. This one is most likely to stand; plenty of past cases on the federal and local level to back it up.
There is a memo circulating from OMB that is directing all federal agencies to NOT fire/remove/suspend employees if they have no jab and I quote "until after the holidays". It will soon be out in the media as the inner beltway is leakier than a discount diaper.
Further, the courts just stayed mandates for 10 states under the CMS umbrella (the backdoor for medical professional mandates).
This administration really has itself in a bind and is trying to sort out a reasonable way to extricate themselves from the square corner they've built themselves in to. For those not jabbed, hold fast, the pace is quickening and the tide has turned.
I have said in the past, and will continue to affirm, that the various mandates levied by this administration absolutely jumped the shark and will be stayed and/or struck down in their entirety. Recall also I posted about 11 days ago to prepare for more lock downs. Boom. Here we are. My inside info is pretty accurate, as I get to see much of the sausage making from my side gig. Biden even admitted today in his infamous "Omnicron directive" (that's not a typo, that is what he said - its the laughing stock inside beltway right now) that the vaccines don't work.
I do agree with you that they might get something to stick to the wall. More than likely the DoD is going to eat the short straw on this.
11-29-2021, 04:36 PM
#19
Gets Weekends Off
Joined APC: Nov 2020
Position: Enoch Powell Enthusiast
Posts: 2,120
Now that is interesting. As suggested (HT: Drum), the federal mandate for federal workers (until next year, because SCIENCE!!!) is gone like the proverbial f**t in the wind.
Jeebus. An interweb sweep of the linkages shows all kinds of messaging. DOJ still pursing the OSHA case. Oklahoma being warned that the National Guard troops are putting their careers at risk. Pravda says Federal workers are 95% in compliance already so it doesn't matter (well, at least for one shot, and let's not even discuss boosters. But a travel ban is again in effect for southern Africa? I'm confused. "Fauci IS Science").
Really all over the map; strange as they've a huge and extremely sympathetic Pravda-level messaging tool at their immediate disposal. This seems poll driven.
I've some theories. Time and place, however.
Jeebus. An interweb sweep of the linkages shows all kinds of messaging. DOJ still pursing the OSHA case. Oklahoma being warned that the National Guard troops are putting their careers at risk. Pravda says Federal workers are 95% in compliance already so it doesn't matter (well, at least for one shot, and let's not even discuss boosters. But a travel ban is again in effect for southern Africa? I'm confused. "Fauci IS Science").
Really all over the map; strange as they've a huge and extremely sympathetic Pravda-level messaging tool at their immediate disposal. This seems poll driven.
I've some theories. Time and place, however.
Last edited by DeltaboundRedux; 11-29-2021 at 05:12 PM.
11-30-2021, 03:22 PM
#20
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Joined APC: Mar 2011
Position: Left seat on a kite
Posts: 1,884
https://www.foxnews.com/us/federal-j...ers-nationwide
A federal judge in Louisiana issued a nationwide preliminary injunction Tuesday against President Biden’s COVID-19 vaccine mandate for health care workers.
Judge Terry A. Doughty in the U.S. District Court Western District of Louisiana ruled in favor of a request from Republican Louisiana Attorney General Jeff Landry to block an emergency regulation issued Nov. 4 by the Centers for Medicare and Medicaid Services that required vaccines for nearly every full-time employee, part-time employee, volunteer, and contractor working at a wide range of healthcare facilities receiving Medicaid or Medicaid funding.
Judge Terry A. Doughty in the U.S. District Court Western District of Louisiana ruled in favor of a request from Republican Louisiana Attorney General Jeff Landry to block an emergency regulation issued Nov. 4 by the Centers for Medicare and Medicaid Services that required vaccines for nearly every full-time employee, part-time employee, volunteer, and contractor working at a wide range of healthcare facilities receiving Medicaid or Medicaid funding.
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