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Home US News Court REVERSES It – Americans In SHOCK
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COURT REVERSES IT – AMERICANS IN SHOCK


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(Breitbart) – Business groups and workers are asking the Supreme Court for
emergency action Friday after a federal appeals court reinstated President Joe
Biden’s vaccine mandate for businesses with 100-plus employees, impacting 84
million workers.

In a 2-1 decision, a three-judge panel for the U.S. Court of Appeals for the
Sixth Circuit, including President Barack Obama appointee Judge Jane Stranch and
President George W. Bush appointee Judge Julia Gibbons, who has a reputation as
a liberal-leaning moderate, voted to dissolve the stay on Biden’s coronavirus
vaccine mandate granted earlier by the Fifth Circuit. President Donald Trump
appointee Judge Joan Larsen dissented. The Occupational Safety and Health
Administration (OSHA) mandate will take effect on January 4, though it allows
unvaccinated workers to submit to weekly testing in lieu of getting jabbed.

Politico reported that 27 businesses responded late Friday night by applying to
the Supreme Court for a stay, asking the justices to reinstate an order from
another appeals court – the Fifth Circuit – that had blocked Biden’s mandate in
November shortly after it was issued, asserting that the OSHA rule will “harm”
thousands of businesses across the country.

“This mandate adds an incredible burden on small business owners who are still
suffering negative effects of the pandemic. This mandate will make it even
harder for small business owners to find and keep employees,” the Job Creators
Network said in a statement. “The [Sixth] Circuit irresponsibly upheld an
illegal rule and expects employers to somehow comply with a complicated
regulation in a period of two weeks, including the holidays. JCN has immediately
asked the Supreme Court to save businesses and employees from this government
overreach.”

The case ended up in the Sixth Circuit following a ping-pong ball lottery in
mid-November. A ping-pong lottery occurs when multiple petitions for review are
filed against the same agency, person, or business in various courts of appeal
around the country. To save time and avoid contradictory outcomes, the numbers
of the courts in which the suits are filed are written on ping-pong balls, stuck
in a solid wood raffle drum, and one is randomly selected. The lottery allowed
at least 34 different lawsuits brought against Biden’s mandate in 12 different
courts of appeals to be heard all together.

The Sixth Circuit, which has a Republican judge majority 10-6, dissolved the
stay issued by the Fifth Circuit in November — a court widely considered the
most conservative-leaning court of appeals.

The New Orleans-based Fifth Circuit originally held:

Rather than a delicately handled scalpel, the Mandate is a one-size- fits-all
sledgehammer that makes hardly any attempt to account for differences in
workplaces (and workers) that have more than a little bearing on workers’
varying degrees of susceptibility to the supposedly ‘grave danger’ the Mandate
purports to address.

Judge Stranch of the Sixth Circuit disagreed, writing that the mandate is
necessary to stop the transmission of the coronavirus. Stanch did not comment on
the fact that vaccinated people, according to the Centers for Disease Control
and Prevention (CDC), are able to transmit the virus as easily as unvaccinated
people.

“Recognizing that the ‘old normal’ is not going to return, employers and
employees have sought new models for a workplace that will protect the safety
and health of employees who earn their living there,” she wrote. “In need of
guidance on how to protect their employees from COVID-19 transmission while
reopening business, employers turned to the Occupational Safety and Health
Administration.”

Stranch further contended that the costs of delaying the implementation of the
mandate are “comparatively high.”

She continued:

Fundamentally, the [mandate] is an important step in curtailing the transmission
of a deadly virus that has killed over 800,000 people in the United States,
brought our healthcare system to its knees, forced businesses to shut down for
months on end, and cost hundreds of thousands of workers their jobs.

Judge Gibbons wrote a concurring opinion, saying the court’s only
“responsibility” is to determine if OSHA has acted “within the bound of its
statutory authority” and contending “it likely has done so.”



Judge Larsen, in her dissent, said the majority did not take into account if
Congress “authorized the action the agency took.”

Larsen wrote;

That question is the bread and butter of federal courts. And this case can be
resolved using ordinary tools of statutory interpretation and bedrock principles
of administrative law. These tell us that petitioners are likely to succeed on
the merits, so I would stay OSHA’s emergency rule pending final review.

The applications for a stay have been submitted to Justice Brett Kavanaugh as
the circuit justice who supervises the Sixth Circuit.

The cases are consolidated under the name In re MCP No. 165, No. 21-7000, in the
U.S. Court of Appeals for the Sixth Circuit.

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