Posted on 09/11/2021 5:53:48 PM PDT by SeekAndFind
Whether the federal government can compel citizens to get vaccinated is a question that will be decided in federal court. And there are several ways to challenge the mandate, any of which may prove to have limited success.
The challenges will come to the mandate’s legal mechanism: an emergency rule issued by the Occupational Safety and Health Administration. The fact that it’s an “emergency rule” means it can bypass the usual regulatory safeguards and hit the public with the full force of law without comment or argument.
Of the nine emergency standards issued between 1971 and 1983, three (dealing with asbestos, vinyl chloride, and the soil fumigant DBCP) were not challenged. Of the six that were challenged in court, four (dealing with asbestos, benzene, organophosphorus pesticides, and diving operations) were stayed or vacated, one (dealing with various carcinogens) was partly vacated, and one (dealing with vinyl cyanide) was upheld. In other words, legal challenges were partly or fully successful 83 percent of the time.
Another possible challenge could come in the way the emergency rule is worded. The law says that OSHA must determine that there’s a “grave danger” to employees and that the action proposed by OSHA must be “necessary.”
There is precedent for an OSHA rule being rejected because the agency failed to adequately prove the “grave danger” or “necessary” standard.
In 1984, the U.S. Court of Appeals for the 5th Circuit rejected an ETS lowering the limit for workplace asbestos exposure. The court said OSHA had failed to adequately support its finding of “grave danger,” which was based largely on its claim that the six-month emergency standard would prevent 80 deaths from asbestos exposure. “It is apparent from an examination of the record,” the 5th Circuit said, “that the actual number of lives saved is uncertain,
(Excerpt) Read more at pjmedia.com ...
Biden’s National Vaccine Mandate is HARDLY A DONE DEAL.
Another possible basis for challenge arises from the limits of the federal government’s authority over interstate commerce, an area where, as in the Affordable Care Act individual mandate case, the Supreme Court’s thinking has evolved since OSHA was founded.
Yet another, which might rest on a statutory or constitutional basis, could arise from the decree’s expected lack of provision for religious accommodation. Challenges on these grounds might or might not prevail. But if someone tells you that what Biden announced Thursday rests only on OSHA’s accepted and uncontroversial legal powers, they’re scrubbing away a whole lot of legal complication.
The courts are corrupt and active participants in the take over. Open your eyes and look at the past 16 years. You want justice, you need to make it.
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The fatality rate is extremely low for all age groups. If you want to look at age groups that have slightly elevated fatality rates, then you are looking at very old people who are almost certainly retired.
The people who are in the work place are barely at any risk at all.
Jab 100% of the population? Because of this "grave danger"?
I don't see it.
Ping for later.
Well *I* (and that is the ONLY approved pronoun) identify as a mandate that cancel Joe Biden’s vaccination mandate. Prove me wrong.
I move that we have a massive lamppost decoration party!
We should not even be talking about “Possible Avenues for Legal Challenges!”
It is UNCONSTITUTIONAL and that is ALL that needs to be pushed like hell. FOCUS ALL EFFORTS ON ONE TARGET IN MASS PERIOD!
Sue OSHA directly for every injury the Vaccine causes...
People that work remotely have zero danger, but they are covered by the suggested rule.
No we should not be talking about legal challenges. 80 million people have said no and that is the end of the discussion.
Keep poking 80 million of anything and it won't end well.
Mandates are not law, nor are they compulsory in any stretch of the word.
Whatever Baby Huey Biden says or attempts to legislate by executive order can be ignored and given a fat middle finger.
FO! Biden!
Ultimately it will be decided by the American people. If we all say "no" and demand that business also say "no" then Biden can say whatever he wants but nothing will happen.
Well Said! Dittos.
the problem with religious accommodation is, no ‘organized and commonly recognized’ church or protestant denominations have come forward to offer the same, have they? The Hindus and Muslims vaccinate. Even the Amish, who are naturally vaccine hesitant, vaccinate. So where does one get a ‘religious’ jurisdiction from?
The fatality rate is extremely low for all age groups
But what if the fatality rate is 1 in 450 adults, and the disability rate is 10-20% in hospitalized? How does one legally define ‘low’ or ‘extremely low’ ?
669,989 x 4.5 = 301,495,050
over 2 million hospitalized x 10% = 200,000 addl disabled
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