The issue raised is can the Labor Dept thru OSHA issue a nation wise ‘health mandate’?
Health mandates issued by Governors have been affirmed by the courts
Biden’s has an escaped clause
Testing in place of vaccine’s
BYW?
OSHA HAS rescinded its order due the court stay or its order ….backing away from earlier advice to disregard the court stay and enforce the reg….
In Red states?
The mandates are POLITICAL issues not Health issue’s….
The Occupational Safety and Health Administration (OSHA) is suspending enforcement of the Biden administration’s COVID-19 vaccine mandate for large private businesses after a federal appeals court upheld a stay on it last week.
OSHA said in a statement published on its website Friday night that while it is confident in its power to protect workers amid the pandemic, it is suspending activities related to the mandate, citing the pending litigation.
“The court ordered that OSHA ‘take no steps to implement or enforce’ the ETS [Emergency Temporary Standard] ‘until further court order.’ While OSHA remains confident in its authority to protect workers in emergencies, OSHA has suspended activities related to the implementation and enforcement of the ETS pending future developments in the litigation,” OSHA said….
…
More than two dozen state attorneys general and other groups are also challenging the mandate in court.
Despite the court’s ruling, however, the White House urged businesses to continue implementing the guidancefor COVID-19 vaccines and testing…
Biden mandate having headwinds….
Judge Blocks Biden’s Vaccine Mandate for Health Workers
“A federal judge issued a preliminary injunction on Tuesday to halt the start of President Biden’s national vaccine mandate for health care workers, which had been set to begin next week,” the New York Times reports.
“The injunction effectively expanded a separate order issued on Monday by a federal court in Missouri. The earlier one had applied only to 10 states that joined in a lawsuit against the president’s decision to require all health workers in hospitals and nursing homes to receive at least their first shot by Dec. 6 and to be fully vaccinated by Jan. 4.”
I’d be grateful to Jack (or Scott) for any clarification about jurisdiction.
The first order came from a U.S. District Court in Missouri, which would come under the U.S. Court of Appeals for the Eighth District (as far north as Minnesota and as far south as Arkansas), but it addressed only ten states (see below) who had protested the Federal (HHS & Center for Medicare & Medicaid Services) order.
The second covers the whole country, even though it comes from the Monroe Division of the Eastern District of Louisiana, which falls under the Fifth Circuit (Texas, Louisiana and Mississippi). The Fifth U.S. Circuit (sitting in New Orleans) or the Eighth Circuit (St Louis) could overrule or sustain the orders from their respective lower courts — or they could be appealed directly to the U.S. Supreme Court in Washington.
Here, to bore non-lawyers, is the operative part of the Louisiana decision:
… Therefore, the scope of this injunction will be nationwide, except for the states of
Alaska, Arkansas, Iowa, Kansas, Missouri, New Hampshire, Nebraska, Wyoming, North Dakota,
South Dakota, since these ten states are already under a preliminary injunction order dated
November 29, 2021, out of the Eastern District of Missouri.
….
For the reasons set forth in this Court’s ruling, Plaintiff States’ Motion for Preliminary
Injunction [Doc. No. 2] is GRANTED. Therefore, the U.S. Department of Health and Human
Services and the Center for Medicare and Medicaid Services, along with their directors,
employees, Administrators and Secretaries are hereby ENJOINED and RESTRAINED from
implementing the CMS Mandate set forth in 86 Fed. Reg. 61555-01 (November 5, 2021) as to
all healthcare providers, suppliers, owners, employees, and all others covered by said CMS
Mandate.
This preliminary injunction shall remain in effect pending the final resolution of this case,
or until further orders from this Court, the United States Court of Appeals for the Fifth Circuit, or
the United States Supreme Court.
No security bond shall be required under Federal Rule of Civil Procedure 65.
MONROE, LOUISIANA, this 30th day of November 2021.
____________________________________
TERRY A. DOUGHTY
UNITED STATES DISTRICT JUDGE
https://storage.courtlistener.com/recap/gov.uscourts.lawd.185837/gov.uscourts.lawd.185837.28.0.pdf (34 pages)
President Biden’s vaccine mandate is NOT doing good in the Federal courts….
Judge Blocks Vaccine Mandate for Federal Contractors
“A federal judge on Tuesday blocked President Joe Biden’s administration from enforcing a Covid-19 vaccine mandate for employees of federal contractors, the latest in a string of victories for Republican-led states pushing back against Biden’s pandemic policies,” the AP reports.
“The order came in response to a lawsuit from several contractors and seven states — Alabama, Georgia, Idaho, Kansas, South Carolina, Utah and West Virginia. It applies across the U.S. because one of those challenging the order is the trade group Associated Builders and Contractors Inc., whose members do business nationwide.”