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Federal Court Nixes Vaccine Mandate, Citing Religious Liberty
Breitbart ^ | 08/19/22 | Katherine Hamilton

Posted on 08/19/2022 9:32:48 PM PDT by Enlightened1

A federal court denied a petition for rehearing in a case surrounding United Airlines’ vaccine mandate — one judge accusing the company of “coerc[ing] its employees into violating their religious beliefs.”

Judges for the United States Court of Appeals for the Fifth Circuit, widely considered the most conservative federal court, voted 13-4 on Thursday to deny a rehearing. The court also denied United Airlines’ request to vacate a panel opinion from February, which held that the mandate inflicted irreparable harm and remanded the case to district court.

Trump-appointed Judge James Ho penned a concurring opinion, admonishing the airline for creating a “crisis of conscience” for its employees, and warned of new wave of corporatism in the Unites States that seeks to inflict its cultural values on Americans.

Ho wrote that mandating employees with sincere religious objections to take vaccines that “were developed using aborted fetal tissue” or face indefinite unpaid leave, is an “obvious irreparable injury” because it “press[ures employees] into violating one’s faith.” Ho said:

Being placed on indefinite unpaid leave because your employer doesn’t like your religious beliefs is obviously an adverse employment action and an actionable claim under Title VII of the Civil Rights Act of 1964. And you’ve obviously suffered irreparable injury when you’re forced to violate your faith in order to get your job back. The injury would be entirely reparable by money damages if it was just about a loss of money.”

But it’s not. It’s about a loss of faith. And it’s about a crisis of conscience. You’re being coerced into sacrificing your faith in order to keep your job. No measure of damages makes sense in this scenario. To keep your job, you must violate your faith. How much money would it take for you to sell out your faith?

(Excerpt) Read more at breitbart.com ...


TOPICS: Business/Economy; Health/Medicine; Miscellaneous; Politics
KEYWORDS: 13to4; 5thcircuit; costa; enbanc; fifthcirtcuit; higginson; jamesho; liberty; mandates; religious; smith; trumpjudge; vaccine; willett

1 posted on 08/19/2022 9:32:48 PM PDT by Enlightened1
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To: Enlightened1

Adults understood the risks and made their decisions. Smart company lawyers advised their clients to grant blanket religious waivers,


2 posted on 08/19/2022 9:40:02 PM PDT by Blood of Tyrants (Inside every leftist is a blood-thirsty fascist yearning to be free of current societal constraints.)
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To: Enlightened1
13 to 4:

77	Chief Judge	Priscilla Richman	Austin, TX	1954	2005–present	2019–present	G.W. Bush
63	Circuit Judge	Edith Jones	        Houston, TX	1949	1985–present	2006–2012	Reagan
64	Circuit Judge	Jerry Edwin Smith	Houston, TX	1946	1987–present	—	—	Reagan
71	Circuit Judge	Carl E. Stewart	        Shreveport, LA	1950	1994–present	2012–2019	Clinton
73	Circuit Judge	James L. Dennis         New Orleans, LA	1936	1995–present	—	—	Clinton
78	Circuit Judge	Jennifer Walker Elrod	Houston, TX	1966	2007–present	—	—	G.W. Bush
79	Circuit Judge	Leslie H. Southwick	Jackson, MS	1950	2007–present	—	—	G.W. Bush
80	Circuit Judge	Catharina Haynes	Dallas, TX	1963	2008–present	—	—	G.W. Bush
81	Circuit Judge	James E. Graves Jr.	Jackson, MS	1953	2011–present	—	—	Obama
82	Circuit Judge	Stephen A. Higginson	New Orleans, LA	1961	2011–present	—	—	Obama
83	Circuit Judge	Gregg Costa	        Houston, TX	1972	2014–present	—	—	Obama
84	Circuit Judge	Don Willett	        Austin, TX	1966	2018–present	—	—	Trump
85	Circuit Judge	James C. Ho	        Dallas, TX	1973	2018–present	—	—	Trump
86	Circuit Judge	Kyle Duncan	        Baton Rouge, LA	1972	2018–present	—	—	Trump
87	Circuit Judge	Kurt D. Engelhardt	New Orleans, LA	1960	2018–present	—	—	Trump
88	Circuit Judge	Andy Oldham	        Austin, TX	1978	2018–present	—	—	Trump
89	Circuit Judge	Cory T. Wilson	        Jackson, MS	1970	2020–present	—	—	Trump

2 Clinton judges and 3 Obama judges.

Which one switched sides?

3 posted on 08/19/2022 9:40:09 PM PDT by kiryandil (China Joe and Paycheck Hunter - the Chink in America's defenses)
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To: Enlightened1

Leaving aside all the issues of liberty, it’s absolutely asinine that there’s even still a debate over mandates of these so-called vaccines. Once it became obvious that the mRNA vaxxes don’t actually prevent infection and transmission (with seemingly every single goshdarned quadruple-vaxxed Dem politician getting covid-19), what’s there to debate? This all should have been over months ago.


4 posted on 08/19/2022 9:42:40 PM PDT by irishjuggler
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To: Enlightened1

In the en banc poll, four judges voted in favor of rehearing (Judges Smith, Higginson, Costa, and Willett), and thirteen judges voted against rehearing (Chief Judge Richman and Judges Jones, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Ho, Duncan, Engelhardt, Oldham, and Wilson).


5 posted on 08/19/2022 9:43:55 PM PDT by kiryandil (China Joe and Paycheck Hunter - the Chink in America's defenses)
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A Reagan judge, 2 Obama judges and a Trump judge.


6 posted on 08/19/2022 9:45:09 PM PDT by kiryandil (China Joe and Paycheck Hunter - the Chink in America's defenses)
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To: Enlightened1

Why does it have to be framed as a religious issue? If a person did not want to be subjected to an experimental gene therapy, that should be enough to prevent companies from mandating medical procedures.

If a future jab is created without a link to the cells from abortions, would the religious objection argument failed in courts?


7 posted on 08/19/2022 10:54:56 PM PDT by nosf40
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To: Jane Long; metmom; grey_whiskers; ransomnote

Ping


8 posted on 08/19/2022 10:54:59 PM PDT by SecAmndmt (Cv19 vaccines are Phase 2 of the CCP bioweapon)
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To: nosf40

Exactly.

An employer can take whatever precautions they want up to but not going beyond our bodily integrity. They can no more require the vx than they can require me to bend over and let the boss sodomize me.


9 posted on 08/19/2022 10:57:42 PM PDT by SecAmndmt (Cv19 vaccines are Phase 2 of the CCP bioweapon)
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To: nosf40

Agree! It is a personal choice!


10 posted on 08/19/2022 11:21:33 PM PDT by antceecee
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To: SecAmndmt

“require me to bend over and let the boss sodomize me.”

Don’t be surprised if that is included in future job descriptions, considering how whacky and evil this country has become.


11 posted on 08/20/2022 12:01:11 AM PDT by MayflowerMadam (Sometimes when you get to where you're supposed to be, it's too soon.)
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To: nosf40

It was framed as a religious issue because that is what the lawsuit was about. There is no job on earth worth losing my salvation over


12 posted on 08/20/2022 1:38:51 AM PDT by roving ( Pronouns- libs/suk)
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To: Blood of Tyrants

Not every company, including those with government contracts, enforced the vaxx mandate.

Interesting that those companies never felt any heat from Deep State.

Wonder why that was...


13 posted on 08/20/2022 2:33:26 AM PDT by mewzilla (We need to repeal RCV wherever it's in use and go back to dumb voting machines.)
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To: nosf40

Not so much a religious issue as a liberty issue. The court came to the right conclusion.


14 posted on 08/20/2022 7:09:37 AM PDT by TBP (Decent people cannot fathom the amoral cruelty of the Biden regime.)
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To: Enlightened1

And many of these same companies can’t fill job openings, in some cases for over a year now....


15 posted on 08/20/2022 9:35:26 AM PDT by M1903A1 ("We shed all that is good and virtuous for that which is shoddy and sleazy...and call it progress" )
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To: Enlightened1; nickcarraway; ransomnote; Jane Long
Meanwhile...

CDC Suddenly Discovers Personal Risk Assessment After Mandate Damage Is Done

16 posted on 08/22/2022 4:45:16 AM PDT by mewzilla (We need to repeal RCV wherever it's in use and go back to dumb voting machines.)
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