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bucolic_frolic

(54,525 posts)

11. These courts are politicized

Reply to JudyM (Original post)

Sat Nov 6, 2021, 02:35 PM

Nov 2021

If 45 were still in charge they would rule the other way

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U.S. federal appeals court freezes Biden's vaccine rule for companies [View all] JudyM Nov 2021 OP

I Can't Recall Any Earlier Instance, Ma'am The Magistrate Nov 2021 #1

Amazing, I just don't get it. Why they want to encourage of spread of a pandemic. RKP5637 Nov 2021 #3

The Virus Has More Rights And More Protection COL Mustard Nov 2021 #38

That is truly unfortunate. This is a public health issue. CaliforniaPeggy Nov 2021 #2

That's easy FBaggins Nov 2021 #8

Thanks for the explanation. That helps a lot. n/t CaliforniaPeggy Nov 2021 #10

OSHA rules have always been designed to ensure a safe and healthy workplace. JudyM Nov 2021 #13

The CDC had a similar rationale- yet failed FBaggins Nov 2021 #17

on the obesity issue SouthernDem4ever Nov 2021 #34

Those aren't even remotely the same. Socal31 Nov 2021 #35

But that's exactly the point FBaggins Nov 2021 #37

OSHA's General Duty clause is not specific to any occupation or industry. JudyM Nov 2021 #42

Same problem as the CDC case FBaggins Nov 2021 #44

Nope. It refers to health and safety in the workplace, not exclusively in the workplace. JudyM Nov 2021 #46

Cite a case FBaggins Nov 2021 #48

Ha! Can you cite a case that limits it? I'm looking at the plain language. JudyM Nov 2021 #49

Dodging the question? FBaggins Nov 2021 #50

I haven't looked into why they haven't done it prior. Maybe because Biden has only been in office JudyM Nov 2021 #51

"silly to think that OSHA can regulate dust exposure but not Covid exposure." FBaggins Nov 2021 #53

Employers have to provide potable drinking water under OSHA, and that's unrelated to the specific JudyM Nov 2021 #56

Because James48 Nov 2021 #68

I agree. Unless there's some kind of arcane, minuscule administrative winch. JudyM Nov 2021 #70

Guidance provides good ideas. "The employer should do this." mahatmakanejeeves Nov 2021 #61

Re: the ETS FBaggins Nov 2021 #88

OSHA's last use of an ETS was in 1983 ... mahatmakanejeeves Nov 2021 #92

With good reason FBaggins Nov 2021 #93

I think you mean limits on how much a crane can lift, which is a function of mahatmakanejeeves Nov 2021 #60

HIV is not commonly transmitted in the workplace, nor is obesity. JudyM Nov 2021 #41

COVID transmission is not specific to any industry FBaggins Nov 2021 #45

Let me see if I've got this right. According to these states, the government can't force you to get ratchiweenie Nov 2021 #43

Nope FBaggins Nov 2021 #47

Can we infer from your argument that *state* OSHAs could set such a mandate but federal OSHA can't? JudyM Nov 2021 #72

If there is such a thing as a state OSHA - absolutely FBaggins Nov 2021 #73

You might want to take a look at this for more info. JudyM Nov 2021 #78

No problem with that at all - just like states implementing CDC guidance FBaggins Nov 2021 #79

I disagree. James48 Nov 2021 #67

No surprise - but just a temporary stay at this point FBaggins Nov 2021 #4

Just thinking here. bluestarone Nov 2021 #18

Generally not FBaggins Nov 2021 #20

Oh yea i forgot about the workmans comp laws bluestarone Nov 2021 #30

If you've taken certain chemicals you'll have impaired response times. Igel Nov 2021 #21

Yea gets kinda messy, i'm sure. bluestarone Nov 2021 #31

That rationale would get obliterated in a courtroom. Socal31 Nov 2021 #36

It's from the 5th Cir. Needs no more explanation. nt in2herbs Nov 2021 #5

Weren't they the same ones to let Texas do as they please? Bev54 Nov 2021 #7

Yes. Tomconroy Nov 2021 #29

Onward to US SC .... Lovie777 Nov 2021 #6

Probably not FBaggins Nov 2021 #9

These courts are politicized bucolic_frolic Nov 2021 #11

'"GRAVE statutory and constitutional" issues with the rule.' elleng Nov 2021 #12

5th circuit is happy to send thousands more to their GRAVES. lagomorph777 Nov 2021 #90

Jordan Barab was deputy assistant secretary of labor for OSHA in 2009-2017. mahatmakanejeeves Nov 2021 #14

They should appeal! SCOTUS refused to get involved when ME and NYC sued PortTack Nov 2021 #15

The precedent applies to Putin as much as it does to OSHA. Igel Nov 2021 #22

Unrelated FBaggins Nov 2021 #26

I honestly don't know how we survive with this political divide. A pandemic is political and judges Evolve Dammit Nov 2021 #16

I agree. How can we survive when even our actual lives are political. ratchiweenie Nov 2021 #19

I believe we are in unchartered territory. The propoganda (real fake news) has led millions. Evolve Dammit Nov 2021 #23

sorry; uncharted. Gotta use spell check! Evolve Dammit Nov 2021 #24

President Biden. OneCrazyDiamond Nov 2021 #58

FREEDUMB!!! LymphocyteLover Nov 2021 #25

This will probably be headed for the Supreme Court. totodeinhere Nov 2021 #27

No problem NOT freezing a woman's right to choose though until a decision could be made JohnSJ Nov 2021 #28

Republicans own the courts Hartpi978 Nov 2021 #32

Why does the GOP hate America? Yo_Mama_Been_Loggin Nov 2021 #33

How did it get to the Fifth Circuit? ananda Nov 2021 #39

The same way that liberal causes get to the 9th FBaggins Nov 2021 #62

Business groups ask White House to delay Biden Covid vaccine mandate until after the holidays mahatmakanejeeves Nov 2021 #66

This message was self-deleted by its author Yo_Mama_Been_Loggin Nov 2021 #71

is that where Texas and the rest of the traitorous sections within the 5th circuit? msfiddlestix Nov 2021 #86

The only higher court is SCOTUS FBaggins Nov 2021 #87

✔️ msfiddlestix Nov 2021 #91

Fucking crooked judges. BlueIdaho Nov 2021 #40

Going to overturn Smallpox vax requirements too? Duppers Nov 2021 #52

What smallpox vax requirement? FBaggins Nov 2021 #63

Only thing I could think of would be the military madville Nov 2021 #69

The federal government can absolutely control its employees FBaggins Nov 2021 #74

Long Time Reader (10+yrs), bikernks Nov 2021 #54

One tweak FBaggins Nov 2021 #55

So the number of people who die as a result of this stupidity orangecrush Nov 2021 #57

As long as you don't violate the TOS I'm pretty sure it's safe to express your opinion. littlemissmartypants Nov 2021 #59

So the takeaway is we live with a lot of stupid people who will take over our Govt again SouthernDem4ever Nov 2021 #64

Americans favor the federal vaccine mandates by a roughly 60-40 margin. bullwinkle428 Nov 2021 #65

So? FBaggins Nov 2021 #75

Welcome to DU bikernks Devil Child Nov 2021 #76

What got us creamed was the ongoing pandemic and its consequences. lagomorph777 Nov 2021 #89

White House chief of staff 'confident' Biden's COVID-19 vaccine mandate will be upheld after federal Yo_Mama_Been_Loggin Nov 2021 #77

We'll find out pretty quickly FBaggins Nov 2021 #80

Biden Administration Is 'Prepared to Defend' Vaccine Rules, Surgeon General Said Yo_Mama_Been_Loggin Nov 2021 #81

From Prof. Tribe LetMyPeopleVote Nov 2021 #82

Wasn't Tribe the one who advised the President that the CDC Eviction moratorium was constitutional ? MichMan Nov 2021 #84

Death cult. orangecrush Nov 2021 #83

hmm.. msfiddlestix Nov 2021 #85