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Congress Didn’t Give OSHA Authority to Impose Vaccine Mandates
The Heritage Foundation ^ | Oct 27, 2021 | Doug Badger and Paul J. Larkin Jr.

Posted on 11/01/2021 11:08:33 AM PDT by grey_whiskers

The Occupational Safety and Health Administration is about to require 80 million working Americans to get vaccinated. You may be among them.

There’s just one catch: OSHA lacks the legal authority to impose a vaccine mandate.

Declaring that his patience was “wearing thin” with unvaccinated Americans, President Joe Biden on Sept. 9 announced that OSHA would require companies with at least 100 employees to mandate that workers either get vaccinated or submit to weekly COVID-19 tests.

OSHA sent a draft mandate to the White House on Oct. 8. Once the White House completes its review, OSHA will issue the order.

And then get sued.

(Excerpt) Read more at heritage.org ...


TOPICS: Conspiracy; Health/Medicine; Science; Society
KEYWORDS: anthonyfauci; covid19; covidstooges; exemptions; mandates; obamacare; osha; vaccinemandates
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The fecal material is about to leave FJB's pants and hit the rotary powered air impeller.
1 posted on 11/01/2021 11:08:33 AM PDT by grey_whiskers
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To: grey_whiskers; ransomnote; Jane Long; bitt; bagster; numberonepal; Cletus.D.Yokel; Cathi; ...

*PING*


2 posted on 11/01/2021 11:09:09 AM PDT by grey_whiskers (The opinions are solely those of the author and are subject to change with out notice.)
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To: grey_whiskers

No, OSHA does not have the authority to mandate experimental injections.

But will any court tell them that?

So far, the Supreme Chickens are not.


3 posted on 11/01/2021 11:11:14 AM PDT by Lurkinanloomin ( (Natural born citizens are born here of citizen parents)(Know Islam, No Peace-No Islam, Know Peace)
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To: grey_whiskers

“OSHA sent a draft mandate to the White House on Oct. 8. Once the White House completes its review, OSHA will issue the order.”

Circle-jerk.


4 posted on 11/01/2021 11:12:33 AM PDT by Tallguy
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To: grey_whiskers

Missing the point AGAIN, there Heritage Foundation.

The Constitution, the Supreme Law of the Land gave OSHA NO AUTHORITY whatsoever. OSHA and all the other unconstitutional Agencies need to be blown up.


5 posted on 11/01/2021 11:13:50 AM PDT by Jim W N (MAGA by restoring the Gospel of the Grace of Christ (Jude 3) and our Free Constitutional Republic!)
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To: grey_whiskers
To take the “emergency temporary standard” shortcut, the agency must persuade a court that workers are in “grave danger” and that it is “necessary” to protect them against that danger.

The “grave danger” that an emergency temporary standard must address must come from “exposure to substances or agents determined to be toxic or physically harmful or new hazards.”

Sounds like the jab itself.

6 posted on 11/01/2021 11:14:25 AM PDT by Pollard (PureBlood -- youtube.com/watch?v=VXm0fkDituE)
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To: grey_whiskers

We’re well past the point where pointing out that what they’re doing is illegal is productive. They know, they don’t care, and they’re not going to police themselves.


7 posted on 11/01/2021 11:17:13 AM PDT by Shadow44
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To: Shadow44

Yup.

“It’s tyranny, sure, but [shrug], it seems like a good idea. I mean, our intentions are good, so ...”


8 posted on 11/01/2021 11:20:26 AM PDT by ClearCase_guy (Alec Baldwin has killed more people than the Jan 6 protesters. And he will serve less jail time.)
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To: grey_whiskers

This will come in handy in the class action suit when employers find out that Joe pooped in THEIR pants


9 posted on 11/01/2021 11:20:32 AM PDT by AppyPappy (How many fingers am I holding up, Winston? )
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To: Jim W N
Well, Heritage isn't really missing the point. While I personally agree that Administrative agencies shouldn't have binding rule-making authority period, the Supreme Court has accepted the authority of Congress to delegate that power since 1925. So Heritage is just recognizing reality at this point.

I'm personally with Scalia and his dissent in Mistretta - the whole idea of turning these agencies into a "junior-varsity Congress" needs to go.

10 posted on 11/01/2021 11:21:07 AM PDT by Bruce Campbells Chin
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To: Lurkinanloomin

The Supremes have shot down suits asking for preliminary injunctions. 3 would have granted; two at least have given reasons for saying “no” which weren’t automatic giveaways that they’d vote the same way in a suit which came before them in an ordinary way.


11 posted on 11/01/2021 11:23:14 AM PDT by grey_whiskers (The opinions are solely those of the author and are subject to change with out notice.)
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To: grey_whiskers

I don’t expect them to stand for liberty.
All three of the Trump appointments have been disappointments.


12 posted on 11/01/2021 11:27:19 AM PDT by Lurkinanloomin ( (Natural born citizens are born here of citizen parents)(Know Islam, No Peace-No Islam, Know Peace)
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To: ClearCase_guy
Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience.
C. S. Lewis

I am not convinced that the government sincerely believes it is pushing vaccines for the good of its victims, but this quote comes closest to your "our intentions were good" line.

13 posted on 11/01/2021 11:27:37 AM PDT by KarlInOhio ("Anti-fascist" is from the official name of the Berlin Wall: Anti-fascist Protection Barrier.)
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To: Lurkinanloomin

Yes. Texas and 5th circuit will. Some others won’t.

The SC upheld the APA against Trump so they should against Biden too.

And tomorrow the sun rises in the West.


14 posted on 11/01/2021 11:28:31 AM PDT by AndyJackson
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To: grey_whiskers

Seems OSHA has utterly invalidated their opinions/rules on any vaccinations, given that they explicitly do not require employers to report adverse effects consequential to mandated vaccination. Admittedly a political move, as they declare the decision is based on “wanting to maximize vaccination rates”. So much for SCIENCE!.


15 posted on 11/01/2021 11:31:08 AM PDT by ctdonath2 (All worry about monsters that'll eat our face, but it's our job to ask WHY it wants to eat our face.)
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To: grey_whiskers
The Supremes have shot down suits asking for preliminary injunctions

This is how the much maligned "shadow" docket works. A majority would prefer apparently to get cases the usual way - appeal after a full lower court and appellate court record is developed. Then, instead of figuring it all out for themselves they get to choose from already well written arguments. It avoids criticism by keeping them between the left and right rails of accepted jurisprudence.

16 posted on 11/01/2021 11:31:31 AM PDT by AndyJackson
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To: grey_whiskers

None of this really matters - because these actions have prompted many companies, including the one I work for, to start firing people solely because they haven’t been vaccinated. It is no longer an illegal government action. Who do I sue to get my job back?


17 posted on 11/01/2021 11:37:40 AM PDT by T. P. Pole
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To: AndyJackson

Granting temporary injunctions would have put the vaccine mandates on hold until the cases can be heard. People can get the shots later. However, once vaccinated the act is done and people can’t get unvaccinated.


18 posted on 11/01/2021 11:45:09 AM PDT by ConjunctionJunction
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To: Bruce Campbells Chin

Facts (”reality”) is changeable in a heartbeat. Truth doesn’t change.

The TRUTH is the Constitution trumps Congress and the Supreme Court. That truth doesn’t change.

The FACT is for many decades the Left has ignored the truth about constitutional supremacy. That fact can and should be changed and reversed in many ways.

The QUESTION is will Patriots continue to acquiesce to the Left’s constant illegal acts.

I’ll tell you this - beginning around 1900, the Left began to actively undermine the Constitution and our Free Constitutional Republic without a peep from the Right. Now the Right calls Leftist treason “reality” that cannot change even though since 1900 the Left was changing that reality at breakneck speed.

The Right is right where the Left want them when the Right surrenders to their tyranny by calling that tyranny “unchangeable reality”.


19 posted on 11/01/2021 11:48:50 AM PDT by Jim W N (MAGA by restoring the Gospel of the Grace of Christ (Jude 3) and our Free Constitutional Republic!)
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To: T. P. Pole

Sue your company.


20 posted on 11/01/2021 11:54:01 AM PDT by grey_whiskers (The opinions are solely those of the author and are subject to change with out notice.)
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