Welcome • User Guide
ToS • Privacy • Canary
Donate • Bugs • License

©2025 Poal.co

226

The Biden administration will inevitably ask the Supreme Court to review last Friday’s decision by the 5th Circuit Court of Appeals to halt its vaccine mandate. The effort is likely to be futile, however. Writing for the appeals court, Judge Kurt Engelhardt confidently predicted that the mandate’s challengers “are likely to succeed on the merits” under judicial review. Engelhardt took particular exception to the attempt to impose the mandate through the Occupational Safety and Health Administration (OSHA), pointing out that the Constitution’s Commerce Clause and the nondelegation doctrine preclude OSHA from making such “sweeping pronouncements on matters of public health affecting every member of society in the profoundest of ways.”

Also:

moribund adjective mor·​i·​bund | \ ˈmȯr-ə-(ˌ)bənd , ˈmär- \

Definition of moribund 1: being in the state of dying : approaching death

> The Biden administration will inevitably ask the Supreme Court to review last Friday’s decision by the 5th Circuit Court of Appeals to halt its vaccine mandate. The effort is likely to be futile, however. Writing for the appeals court, Judge Kurt Engelhardt ***confidently predicted that the mandate’s challengers “are likely to succeed on the merits”*** under judicial review. Engelhardt took particular exception to the attempt to impose the mandate through the Occupational Safety and Health Administration (OSHA), pointing out that the Constitution’s Commerce Clause and the nondelegation doctrine preclude OSHA from making such “sweeping pronouncements on matters of public health affecting every member of society in the profoundest of ways.” Also: > moribund adjective >mor·​i·​bund | \ ˈmȯr-ə-(ˌ)bənd , ˈmär- \ > Definition of moribund 1: being in the state of dying : approaching death

(post is archived)

You are currently inside a comment thread.
Click here to see all the comments (6).
[–] • 1 pt (edited )

How can these cases wanting more stringent ohsa mandates be compiled with those challenging the constitutionality of the mandates?

While a majority of the lawsuits filed against the Biden administration seek to overturn the OSHA rule, several labor unions have sued saying the rule does not go far enough to protect workers from COVID-19. The union lawsuits were mostly filed in courts that either have a majority of judges appointed by Democratic presidents or are evenly split, automatically entering those courts into the lottery.

The 5th Circuit has a reputation as a one of the country's most conservative, but unions also filed challenges in more liberal venues such as the 9th U.S. Circuit Court of Appeals in San Francisco, putting those courts in play as well.

Clown world. Seems to be done on purpose because they know it’s unconstitutional and want it moved to a liberal court under the pretense of more rules.

On Friday from NPR the same source as above they stated:

Because there are challenges to the OSHA rule in multiple circuit courts — including the 5th, 6th, 7th, 8th, 11th and D.C. Circuits, federal law dictates that the cases be consolidated and heard by one federal appeals court, chosen by lottery. That lottery could take place on or around Nov. 16, according to the U.S. Department of Justice. Ultimately, the case could end up at the Supreme Court.

Almost all of the states suing the Biden administration are led by Republicans, but Kansas Governor Laura Kelly, a Democrat, joined in the criticism. She posted a statement Friday that said while she appreciated the intention to keep workers safe, it was too late to impose a federal standard.

No mention of the union suits wanting more stringent rules mentioned being included with the other cases.