Supreme Court blocks vaccine mandate for large businesses

[trixare4kids]

I am a republican.

 

[Taylor]

If you read the ruling, the Court said that the reason the hold was reinstated was because the virus had spread beyond the workplace and was thus beyond the jurisdiction of OSHA.

The reason for the stay was because the statute that created OSHA did not grant it the power or authority to set broad public health measures. As such, the mandate is well outside of its purview.

 

[Jredbaron96]

The reason for the stay was because the statute that created OSHA did not grant it the power or authority to set broad public health measures.

Which only works by accepting the twisted logic that the OSHA vaccine mandate constituted a public health measure by virtue of its impact. The logic of the Court is that the mandate *would solve* the nationwide pandemic, but since OSHA wasn't told to do that by Congress it couldn't be allowed to implement a workplace safety standard (which OSHA is fully authorized to do).

It's batshit stupid logic that is clearly the work of a conclusion already being reached and a convoluted explanation needed, which is why it falls apart under basic scrutiny.

 

[Relsdm]

Which only works by accepting the twisted logic that the OSHA vaccine mandate constituted a public health measure by virtue of its impact. The logic of the Court is that the mandate *would solve* the nationwide pandemic, but since OSHA wasn't told to do that by Congress it couldn't be allowed to implement a workplace safety standard (which OSHA is fully authorized to do).

It's batshit stupid logic that is clearly the work of a conclusion already being reached and a convoluted explanation needed, which is why it falls apart under basic scrutiny.

It is impossible to pretzel twist this to claim covid is a workplace safety issue. It is one thing for OSHA to regulate ladders and tools, it is entirely different to mitigate safety issue of covid. You cannot go into a business today and identify where covid even exists.
What is batshit stupid logic is your assertion of anything to the contrary.

If you believe a mandate is necessary, then do it LEGALLY.

 

[Jredbaron96]

It is impossible to pretzel twist this to claim covid is a workplace safety issue. It is one thing for OSHA to regulate ladders and tools, it is entirely different to mitigate safety issue of covid.

No it's not. As the Sixth Court pointed out, OSHA has done this before on the direction of Congress:

"Congress confirmed OSHA's infectious disease authority in other statutes. In 1989, OSHA proposed a standard governing bloodborne pathogens to curb transmission rates of HIV, hepatitis B (HBV), and hepatitis C. See Occupational Exposure to Bloodborne Pathogens, 54 Fed. Reg. 23,042 (proposed May 30, 1989). When the standard had not been finalized by 1991, Congress ordered OSHA to finalize its rulemaking by a date certain, "warning that if [OSHA] did not meet its deadline, the proposed standard would become effective in the interim." Dale and Tracy, Occupational Safety and Health Law 64 (2018). In 1992, Congress passed the Workers Family Protection Act, codified in 29 U.S.C. § 671a, the same U.S. Code chapter as the OSH Act. The statute resulted from findings that "hazardous chemicals and substances" were being transported home on workers and their clothing posing a "threat to the health and welfare of workers and their families." 29 U.S.C. § 671a(b)(1)(A)–(B). Section 671a requires the National Institute for Occupational Safety and Health to work with OSHA to study "issues related to the contamination of workers' homes with hazardous chemicals and substances, including infectious agents, transported from the workplaces of such workers." Id. § 671a(c)(1)(A) (emphasis added). OSHA is then specifically required to consider the need for additional standards on the studied issues and to promulgate such standards "pursuant to . . . the Occupational Safety and Health Act of 1970." Id. § 671a(d)(2)."

 

[GummyVitamins]

I am a republican.

I'm Santa Claus.

 

[Noodlegawd]

The statue is crystal clear. The court perverted the law to rule against the mandate. They decided to come up with own definitions of what an emergency is.

We all know this, if we are not working on sound bites.

Yeah, the statute is crystal clear in that it does not give OSHA regulatory power over public health. That much is obvious.

 

[HangLow]

What is it about these damn tests? At the beginning of covid the US turned down the existing tests from Europe, then got months behind the spread of covid by deciding to create their own, screwing them up, then finally making working tests in volume long after any possibility of containment via mass testing had past. Just screw up after screw up.

​

 

[anatta]

No it's not. As the Sixth Court pointed out, OSHA has done this before on the direction of Congress:

"Congress confirmed OSHA's infectious disease authority in other statutes. In 1989, OSHA proposed a standard governing bloodborne pathogens to curb transmission rates of HIV, hepatitis B (HBV), and hepatitis C. See Occupational Exposure to Bloodborne Pathogens, 54 Fed. Reg. 23,042 (proposed May 30, 1989). When the standard had not been finalized by 1991, Congress ordered OSHA to finalize its rulemaking by a date certain, "warning that if [OSHA] did not meet its deadline, the proposed standard would become effective in the interim." Dale and Tracy, Occupational Safety and Health Law 64 (2018). In 1992, Congress passed the Workers Family Protection Act, codified in 29 U.S.C. § 671a, the same U.S. Code chapter as the OSH Act. The statute resulted from findings that "hazardous chemicals and substances" were being transported home on workers and their clothing posing a "threat to the health and welfare of workers and their families." 29 U.S.C. § 671a(b)(1)(A)–(B). Section 671a requires the National Institute for Occupational Safety and Health to work with OSHA to study "issues related to the contamination of workers' homes with hazardous chemicals and substances, including infectious agents, transported from the workplaces of such workers." Id. § 671a(c)(1)(A) (emphasis added). OSHA is then specifically required to consider the need for additional standards on the studied issues and to promulgate such standards "pursuant to . . . the Occupational Safety and Health Act of 1970." Id. § 671a(d)(2)."

the statute resulted from findings that "hazardous chemicals and substances" were being transported home on workers and their clothing posing a "threat to the health and welfare of workers and their families." 29 U.S.C. § 671a(b)(1)(A)–(B). Section 671a requires the National Institute for Occupational Safety and Health to work with OSHA to study "issues related to the contamination of workers' homes with hazardous chemicals and substances, including infectious agents, transported from the workplaces of such workers."

 

[GummyVitamins]

No it's not. As the Sixth Court pointed out, OSHA has done this before on the direction of Congress

Making a vaccine free to their employees if their work requires them to be exposed monthly to the virus is not the same thing. If that's what you want, congratulations the covid vaccine is free to all Americans.

 

[Taylor]

Which only works by accepting the twisted logic that the OSHA vaccine mandate constituted a public health measure by virtue of its impact.

Lol! It was the stated purpose of the mandate by Biden himself, not "workplace safety."

The logic of the Court is that the mandate *would solve* the nationwide pandemic

Nobody with a brain believes this, certainly not the court. Hasn't "solved" anything anywhere else.

, but since OSHA wasn't told to do that by Congress it couldn't be allowed to implement a workplace safety standard (which OSHA is fully authorized to do).

They're trying to do this under the emergency temporary standard, which provided no authority for such actions.

 

[HangLow]

​

 

[CharisRose]

We live in a constitutional republic not a democracy…

That is correct. I think it is a shame that there are so many Americans who do not know America is not a democracy.

 

[Grand Mal]

Our forefathers were not prepared for men being women and vise versa but the left has found a way to deal with it. Why not the virus?

What a dumbass post.

 

[Grand Mal]

That is correct. I think it is a shame that there are so many Americans who do not know America is not a democracy.

America is not a democracy? You elect legislators, judges, prosecutors, law enforcement officers and who knows how many others and you're not a democracy?
What a dumb concept.

 

[screenwriter]

In other words, **** errbody else. I don't care how contagious I am. If it's going to inconvenience me, I'm not interested, despite the fact that you may or may not end up on a ventilator.

Stay classy, dude.

Then you opposed the decriminalization of spreading HIV to unknowing partners in CA?

 

[Relsdm]

No it's not. As the Sixth Court pointed out, OSHA has done this before on the direction of Congress:

"Congress confirmed OSHA's infectious disease authority in other statutes. In 1989, OSHA proposed a standard governing bloodborne pathogens to curb transmission rates of HIV, hepatitis B (HBV), and hepatitis C. See Occupational Exposure to Bloodborne Pathogens, 54 Fed. Reg. 23,042 (proposed May 30, 1989). When the standard had not been finalized by 1991, Congress ordered OSHA to finalize its rulemaking by a date certain, "warning that if [OSHA] did not meet its deadline, the proposed standard would become effective in the interim." Dale and Tracy, Occupational Safety and Health Law 64 (2018). In 1992, Congress passed the Workers Family Protection Act, codified in 29 U.S.C. § 671a, the same U.S. Code chapter as the OSH Act. The statute resulted from findings that "hazardous chemicals and substances" were being transported home on workers and their clothing posing a "threat to the health and welfare of workers and their families." 29 U.S.C. § 671a(b)(1)(A)–(B). Section 671a requires the National Institute for Occupational Safety and Health to work with OSHA to study "issues related to the contamination of workers' homes with hazardous chemicals and substances, including infectious agents, transported from the workplaces of such workers." Id. § 671a(c)(1)(A) (emphasis added). OSHA is then specifically required to consider the need for additional standards on the studied issues and to promulgate such standards "pursuant to . . . the Occupational Safety and Health Act of 1970." Id. § 671a(d)(2)."

Ok, now I am curious. Are you blind?

There is a distinct difference in covid and a bloodborne pathogen. The OSHA regulation covered what was to occur to mitigate risk of exposure to blood. Blood is not that much different from lets say acid in this case. It is VISIBLE. It is possible to mitigate risk of something that can be seen. You can literally point to a spot and identify the potential risk. It is an identifiable, manageable, and containable risk. Not so with covid. Try again.

 

[Jredbaron96]

Making a vaccine free to their employees if their work requires them to be exposed monthly to the virus is not the same thing. If that's what you want, congratulations the covid vaccine is free to all Americans.

Okay? That wasn't the Sixth Court's argument.

 

[Jredbaron96]

Ok, now I am curious. Are you blind?

There is a distinct difference in covid and a bloodborne pathogen.

Are you? Viral disesaes fall under OSHA's prerogative. What part of "toxic substances or harmful physical agents" do you think excludes COVID-19?

 

[j brown's body]

The reason for the stay was because the statute that created OSHA did not grant it the power or authority to set broad public health measures. As such, the mandate is well outside of its purview.

Perhaps the Supreme Court should tell us just what is in OSHA's power, so our government can function within the scope of what the court says it is.

It's like they're a third legislative body.

 

[j brown's body]

In any case, the Court can now take responsibility for the spread of covid and its unfortunate consequences.

 

[Jredbaron96]

Nobody with a brain believes this, certainly not the court. Hasn't "solved" anything anywhere else.

This just reveals you didn't bother reading the Ruling.

They're trying to do this under the emergency temporary standard, which provided no authority for such actions.

No, they're were trying to do it through OSHA, which had the legal precedent and authority to do so as it affected workplace safety as outlined both by Congress and the Sixth Court.

The Majority Opinion claims that because it would affect 84 million people, it stops being an occupational safety matter and a public safety matter.

Except it obviously doesn't stop being an occupational safety hazard (and thus fully within OSHA's jurisdiction), but the Majority Opinion holds that since this would also constitute an indirect public health measure, therefore it can't be authorized.

In another example of the nonsensical rulings of this conservative Court, the Majority is saying OSHA can't protect employees from danger unless employees can freely be exposed to those dangers once they clock out.

 

[Da Mole]

What a dumbass post.

Just another worthless and mean-spirited personal attack coming from a warped leftist mind.

 

[Relsdm]

Are you? Viral disesaes fall under OSHA's prerogative. What part of "toxic substances or harmful physical agents" do you think excludes COVID-19?

What part of visible hazard do you not understand?

 

[rahl]

Who are these "you Trumpers"?

how are you confused by that statement?

Why do you on the left always assume that anyone who questions the group think which comes from the left, are automatically "Trumpers".

Because you are a trump supporter.

Like I said, do a little research on the illegal activity, and other civil lawsuits against big pharma companies, Pfizer being one of the worst

batshit conspiracy theories

Biden's administration KNEW before they made a mandate that it wasn't constitutional.

I agree. Presidents do this all the time. I don't agree with them doing it, and I fully agree with the courts decision. It should have been 9-0

Good. Now place some needed blame on Joe Biden and company for the current problems.

as soon as you show me a policy he enacted that would warrant it.

Why keep blaming Donald Trump? He has been out of office for a year.

Where have I blamed trump?

Until you admit the partisan hackery coming from the left, then you cannot really claim that any hackery on the right is unique.

It isn't unique. Both sides are hacks. I agree completely.

I trust my own doctor. When I had questions about the risk vs reward of getting the vaccine he took the time to explain to me how based on my age, and a couple of factors, that it was in my best interest to be vaccinated. When boosters became available, he cautioned me to wait, but then said to go ahead and get boosted---which was right around the time we were hearing about omicron and in the weeks before fall/winter. And now he is saying NOT to continue to get boosted, and shift to therapeutics administered in the event of a cross over infection. So, to assume people like me are not listening to science/doctors is false.

and your doctors credentials on immunology and pathology? What papers has he published showing any dangers what so ever for the boosters?

I am not comparing our government to the PRC. But do you actually believe our government/leaders are not capable of deceit?

I;m not interested in your batshit crazy conspiracies.

Yeah, after 10-20 years maybe. But expecting to take mRNA boosters for covid 19 every 6 months is a very bad idea.

why is it a bad idea?

One which has not been researched, and one which may not be reversible later on.

What negative effect does it cause?

Probably because you insist on claiming that only Trump supporters are "antivax" when in fact many people are resisting or opting out for other reasons, many of them very good reasons.

no. this has been shown over and over again in thread after thread. the overwhelming VAST majority of anti vaxxers are trump supporters.

I believe there is blame to go around a lot of places, including Donald Trump for some things. However, Trump isn't the guy in charge now, that guy is Joe Biden

neither are to blame. ignorance is to blame.

But you are blaming Trump supporters. They didn't create this virus.

they are prolonging the pandemic, and getting people killed.