Saturday, November 13, 2021

IN CASE YOU MISSED IT: FED APPEALS COURT HALTS BIDEN'S VAX MANDATE, DELIVERING POLICY A MAJOR BLOW

EXCERPTED:  Calling the requirement a “mandate,” the court said the rule, instituted through the Labor Department, “grossly exceeds OSHA’s statutory authority,” according to the opinion, written by Judge Kurt D. Engelhardt and joined by Judges Edith H. Jones and Stuart Kyle Duncan.

“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,” they wrote. 

MORE AT https://www.msn.com/en-us/news/politics/federal-appeals-court-halts-biden-administrations-vaccine-requirement-delivering-policy-a-major-blow/ar-AAQE2Dh?ocid=uxbndlbing

AND MORE AT https://everythingcroton.blogspot.com/2021/11/in-news-white-house-said-ignore-courts.html

11/13 UPDATE:

White House chief of staff Ron Klain’s itchy Twitter finger helped derail the Biden administration’s latest vaccine mandate in court.

A Sept. 9 retweet from Klain was cited as a key piece of evidence in the blistering ruling issued Friday by the 5th US Circuit Court of Appeals in New Orleans, which paused President Biden’s “staggeringly overbroad” rule forcing COVID-19 vaccines on millions of American workers.

In a footnote, the three-judge panel pointed to Klain’s retweet of a post from MSNBC anchor Stephanie Ruhle, who praised Biden’s mandate — enforced by the federal Occupational Safety and Health Administration — as “the ultimate work-around” to avoid sticky constitutional challenges.

Circuit Judge Kurt Engelhardt characterized the retweet as a White House “endorsement of the term ‘work-around’” — leading the panel to block the mandate on just those legal grounds. MORE AT https://nypost.com/2021/11/13/ron-klain-retweet-spurs-court-to-halt-joe-biden-vaccine-mandate/

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