6th Circuit Court Rules Against Biden Administration in OSHA Vaccine Mandate Lawsuit

The lawless administration will pay it no mind.

6th Circuit Court Rules Against Biden Administration in OSHA Vaccine Mandate Lawsuit

By Tom Ozimek, December 4, 2021:

Story continues below advertisement

The Sixth Circuit Court has denied the federal government’s motion to transfer the Occupational Safety and Health Administration (OSHA) vaccine-or-test requirement lawsuit to a different court, while also rejecting the White House’s bid to dissolve a stay on the mandate, delivering a blow to the Biden administration’s efforts to press ahead with implementation.

In a Dec. 3 ruling, the Sixth Circuit Court denied the government’s motion to transfer the case to the Fifth Circuit and the D.C. Circuit, while also rejecting as “moot” the Biden administration’s attempt to overturn a hold on the mandate.

OSHA on Nov. 5 published an Emergency Temporary Standard (ETS) that would require private employers with 100 or more employees to impose a mandatory COVID-19 vaccinate-or-test policy. Under the rule, unvaccinated workers would also have to wear masks inside the workplace, with violators facing potential penalties of thousands or even tens of thousands of dollars per incident.

COVID-19 is the disease caused by the CCP (Chinese Communist Party) virus, also known as SARS-CoV-2 or the novel coronavirus.

After the OSHA rule was published, it triggered a torrent of lawsuits from Republican-led states, individuals, and businesses.

On Nov. 12, the Fifth Circuit granted a motion to stay the ETS and ordered that OSHA “take no steps to implement or enforce” it “until further court order, prompting OSHA to announce it has suspended implementation pending litigation.

Several legal challenges to the OSHA rule were later rolled into one and the Ohio-based Sixth Circuit Court—of which 11 of 16 judges are Republican appointees—was selected via lottery to hear the consolidated lawsuits.

The Biden administration then filed a motion on Nov. 23 to lift the Fifth Circuit’s stay on the mandate and get the case moved to a potentially more favorable court.

The Sixth Circuit Court’s Dec. 3 ruling denied both requests.

Rob Natelson, a former constitutional law professor, wrote in a recent op-ed for The Epoch Times that it’s likely the legal challenge to the OSHA rule will end up before the Supreme Court.

Natelson said the high court will likely weigh several issues relating to the ETS, including whether the mandate exceeds the powers the Constitution grants to the federal government, whether OSHA exceeded its authority under its statute, and if the vaccine-or-test requirement denies individuals due process of law.

The Fifth Circuit ruling described the OSHA rule as “fatally flawed” and said that the mandate would likely be declared unconstitutional.

In its Nov. 23 filing, the Biden administration argued that the Fifth Circuit panel erroneously interpreted the OSHA mandate, saying that “the speculative compliance costs and similar harms asserted by regulated parties cannot overcome the extraordinary harms to the public interest detailed above.”

“Simply put, delaying the standard would likely cost many lives per day, in addition to large numbers of hospitalizations, other serious health effects, and tremendous expenses,” White House lawyers alleged in the filing. “That is a confluence of harms of the highest order.”

The Epoch Times has reached out to the White House for comment.

The Truth Must be Told

Your contribution supports independent journalism

Please take a moment to consider this. Now, more than ever, people are reading Geller Report for news they won't get anywhere else. But advertising revenues have all but disappeared. Google Adsense is the online advertising monopoly and they have banned us. Social media giants like Facebook and Twitter have blocked and shadow-banned our accounts. But we won't put up a paywall. Because never has the free world needed independent journalism more.

Everyone who reads our reporting knows the Geller Report covers the news the media won't. We cannot do our ground-breaking report without your support. We must continue to report on the global jihad and the left's war on freedom. Our readers’ contributions make that possible.

Geller Report's independent, investigative journalism takes a lot of time, money and hard work to produce. But we do it because we believe our work is critical in the fight for freedom and because it is your fight, too.

Please contribute here.

or

Make a monthly commitment to support The Geller Report – choose the option that suits you best.

Quick note: We cannot do this without your support. Fact. Our work is made possible by you and only you. We receive no grants, government handouts, or major funding. Tech giants are shutting us down. You know this. Twitter, LinkedIn, Google Adsense, Pinterest permanently banned us. Facebook, Google search et al have shadow-banned, suspended and deleted us from your news feeds. They are disappearing us. But we are here.

Subscribe to Geller Report newsletter here— it’s free and it’s essential NOW when informed decision making and opinion is essential to America's survival. Share our posts on your social channels and with your email contacts. Fight the great fight.

Follow Pamela Geller on Gettr. I am there. click here.

Follow Pamela Geller on
Trump's social media platform, Truth Social. It's open and free.

Remember, YOU make the work possible. If you can, please contribute to Geller Report.

Join The Conversation. Leave a Comment.

We have no tolerance for comments containing violence, racism, profanity, vulgarity, doxing, or discourteous behavior. If a comment is spammy or unhelpful, click the - symbol under the comment to let us know. Thank you for partnering with us to maintain fruitful conversation.

If you would like to join the conversation, but don't have an account, you can sign up for one right here.

If you are having problems leaving a comment, it's likely because you are using an ad blocker, something that break ads, of course, but also breaks the comments section of our site. If you are using an ad blocker, and would like to share your thoughts, please disable your ad blocker. We look forward to seeing your comments below.

Sponsored
Geller Report
Thanks for sharing!