What Happens When You Stand Up To Tyranny

On Wednesday, The Conservative Treehouse reported that OSHA (Occupational Safety and Health Administration) has announced that they will not attempt to enforce their vaccine mandate. Oddly enough, this happened right after the Fifth Circuit (New Orleans, LA) order a stay on the vaccine requirement.

The article reports:

The Biden Department of Labor cannot win in court over their use of OSHA to force mandated vaccines.  The effort to use an OSHA Emergency Temporary Standard (ETS) did not and will not survive judicial scrutiny.

The exemptions alone nullify the claims the ETS is built upon, and the courts are recognizing the brutally obvious political nature of the vaccine mandate effort.

As a result of the Fifth Circuit (New Orleans, LA) order to stay the vaccine requirement {See Here}, OSHA has now announced {SEE HERE} they will not attempt to enforce the rule:

…While the 5th circuit case from Louisiana was the first, there are 11 total circuit court cases holding the same challenges. As a result, the cases were consolidated and assigned to one circuit court chosen randomly via lottery.

The 6th Circuit Court of Appeals in Cincinnati, Ohio, won the lottery to hear the legal challenges. “The 6th Circuit Court of Appeals, based in Cincinnati, Ohio, is known to lean conservative, with most of its judges appointed by Republican presidents.” The 6th Circuit will have to decide whether or not to lift or maintain the stay instituted by the 5th Circuit Court of Appeals, based in New Orleans.

However, don’t get too comfortable thinking this will be the end of the vaccine mandates. It is already being reported that the Biden administration is encouraging companies to enforce the vaccine mandate even if the government does not. Hopefully the courts will stand firm on this and Americans will continue to enjoy all of the freedoms protected by our Constitution.

A Lottery With Good Results

Yesterday The Epoch Times posted an article about the lawsuit challenging vaccine mandates.

The article reports:

An appeals court dominated by Republican-nominated judges was chosen at random Tuesday to deal with the flurry of lawsuits against the Biden administration’s private business COVID-19 vaccine mandate.

The U.S. Court of Appeals for the Sixth Circuit was the winner of a lottery that was triggered by multiple appeals courts receiving challenges to the mandate, which was promulgated at the behest of President Joe Biden and would affect every business with 100 or more workers if it’s allowed to take effect.

Thirty-four petitions for review, or suits, were filed against the mandate. At least one petition was filed in every single court of appeals in the nation.

Federal law says that challenges to a rule in multiple appeals courts shall lead to a lottery, from which one court is picked. That court then handles the cases, which are consolidated.

The article concludes:

Plaintiffs argue the mandate is outside the authority of the Department of Labor’s Occupational Safety and Health Administration (OSHA), which issued it earlier this month. They say the Biden administration failed to explain why such a mandate is needed now, when the COVID-19 pandemic started in March 2020 and vaccines have been available since late last year.

“This mandate represents the greatest overreach by the federal government in a generation. It is illegal and unconstitutional and we are committed to ensuring it never sees the light of day,” Patrick Hughes, president and co-founder of the Liberty Justice Center, and one of the lawyers fighting the mandate, said in a recent statement.

Biden administration officials have defended the vaccination requirement, arguing OSHA can impose measures to keep workers safe.

“If OSHA can tell people to wear a hard hat on the job, to be careful around chemicals, it can put in place these simple measures to keep our workers safe,” Ron Klain, the White House chief of staff, said on NBC over the weekend.

Please do some research on the FDA approval of the vaccines currently being given. There are some serious questions as to exactly what was approved versus what is being administered.

States vs. The Federal Government

Just the News reported  yesterday that twenty-seven states have joined the lawsuit filed against the Biden administration’s vaccine mandate.

The article reports:

The mandate, which is being enforced by the Department of Labor’s Occupational Safety and Health Administration (OSHA), will require employers to ensure all their employees are either vaccinated by Jan. 4 or are tested weekly and wearing masks. If the businesses do not follow the mandate, they could face fines of up to $14,000 per violation.

All but one of the states that filed lawsuits, Iowa, have Republican attorneys general. Kansas, Kentucky, and Louisiana are the only three of the 27 states that have Democratic governors, and Iowa’s governor is a Republican.

Kansas Democratic Gov. Laura Kelly criticized President Biden’s vaccine mandate on private businesses on Friday, saying, “While I appreciate the intention to keep people safe, a goal I share, I don’t believe this directive is the correct, or the most effective, solution for Kansas.”

It is interesting that the push for vaccine mandates is occurring as the rate of infection from the coronavirus is slowing. In most parts of the country both the number of people contracting the virus and the number of people dying from the virus are decreasing.

The article lists the courts involved in the various cases:

Louisiana, Mississippi, South Carolina, Texas, and Utah all joined a lawsuit in the 5th Circuit Court of Appeals, which issued a temporary block on the vaccine mandate, citing the potentially “grave statutory and constitutional issues” raised by the plaintiffs. South Carolina is under the jurisdiction of the 4th Circuit Court of Appeals, and Utah is under the 10th Circuit.

Idaho, Kansas, Kentucky, Ohio, Oklahoma, Tennessee, and West Virginia jointly filed their lawsuit in the 6th Circuit Court of Appeals. Idaho is under the 9th Circuit Court of Appeals, Kansas and Oklahoma are under the 10th Circuit, and West Virginia is under the 4th Circuit.

Indiana has announced that it is filing its suit in the 7th Circuit Court of Appeals.

Alaska, Arizona, Arkansas, Iowa, Missouri, Montana, Nebraska, New Hampshire, North Dakota, South Dakota, and Wyoming have filed their lawsuit in the 8th Circuit Court of Appeals. Alaska, Arizona, and Montana are under the 9th Circuit Court of Appeals, New Hampshire is under the 2nd Circuit, and Wyoming is under the 10th Circuit.

Alabama, Florida, and Georgia are suing the Biden administration in the 11th Circuit Court of Appeals.

It will be interesting to see how many of these courts reach the same conclusion.

An Interesting Piece Of Information

Sharyl Attkisson posted the following on her website today:

Read the full statement below:

“The Occupational Safety and Health Administration has been working expeditiously to develop an emergency temporary standard that covers employers with 100 or more employees, firm- or company-wide, and provides options for compliance. Covered employers must develop, implement, and enforce a mandatory COVID-19 vaccination policy, unless they adopt a policy requiring employees to choose either to get vaccinated or to undergo regular COVID-19 testing and wear a face covering at work. The ETS also requires employers to provide paid time to workers to get vaccinated and paid sick leave to recover from any side effects. On November 1, the Office of Management and Budget completed its regulatory review of the emergency temporary standard. The Federal Register will publish the emergency temporary standard in the coming days.

– U.S. Department of Labor spokesperson

When Is A Law Not A Law?

The Epoch Times posted an article today about the federal vaccine mandates.

The article reports:

Several Republican attorneys general have said that President Joe Biden’s federal mandate for COVID-19 vaccinations hasn’t yet come into effect for private businesses, adding that if it is ordered, they will file lawsuits against it.

Montana Attorney General Austin Knudsen, a Republican, noted that the White House only last week submitted the text of its emergency rule regarding vaccinations to the Office of Management and Budget, meaning it hasn’t gone into effect.

But, Knudsen noted that “no such rule or regulation is currently in effect,” adding (pdf) that there has been a “great deal of confusion” over Biden’s announcement last month.

“Further, my office is preparing to immediately challenge and enjoin this federal overreach on a variety of grounds when the Biden administration issues its announced rule,” he said.

On Sept. 9, Biden announced that he would direct the Occupational Safety and Health Administration (OSHA) to mandate that all private businesses with 100 or more employees force their workers to get vaccinated or submit to weekly testing. Details about the rule, including fines, have not been released, and White House press secretary Jen Psaki couldn’t answer questions earlier this month about a timeframe on when it would be unveiled.

There is nothing in the U.S. Constitution that gives the federal government the power to order people to take medicine they do not want to take. It may be possible for some states or local entities to find that power under public health laws, but there is no federal precedent for such a requirement.

The article concludes with an interesting statement about the double standard being applied to Americans and those crossing the border illegally:

Arizona Attorney General Mark Brnovich, a Republican, already filed a lawsuit against Biden’s vaccine requirement, arguing that it would violate the Equal Protection Clause of the Constitution. The mandate would treat American workers differently than illegal immigrants who are crossing into the United States from Mexico, arguing that illegal aliens are able to decline the vaccine.

But last week, Biden said that his private-sector mandate will take effect “soon” and will address the “unacceptably high number” of people who have not taken the vaccine.

“The Labor Department is going to soon be issuing an emergency rule for companies with 100 or more employees to implement vaccination requirements,” Biden said on Oct. 14, referring to the mandate.

Earlier this month, a Department of Labor spokesperson told The Epoch Times in an email that OSHA has been working “expeditiously” to develop the rule, which it described as an “emergency temporary standard.”

The Epoch Times contacted the Department of Labor on Sunday for additional comment.

If the government moves at its typical speed, the word “expeditiously” may mean it will be done by 2024. Meanwhile, we need Attorneys General who will protect our rights. It has never been more obvious that your vote for local and state officials is as important as your vote for President.

I Am Still Wondering What The Big Push For Vaccinations Is About

We have never seen such a strong government push to get people to get a shot. Particularly a shot that has only be approved for emergency use by the Food and Drug Administration. Particularly a shot given to people who are not a risk of serious complications from the disease the shot is supposed to prevent. Now there is a new wrinkle in the story.

Yesterday (updated today) The Epoch Times posted an article about something the Occupational Safety and Health Administration (OSHA) has recently done.

The article reports:

In order to encourage American workers to get vaccinated, the Occupational Safety and Health Administration (OSHA) has suspended the legal requirement for employers to report work-related injuries resulting from vaccinations aimed at combating the CCP virus that causes the disease COVID-19.

This suspension of the law by OSHA does not change the fact that employers may be held liable under workers’ compensation laws or under civil personal injury laws, according to the nonprofit group Liberty Counsel.

Earlier in May, the website of OSHA, an agency within the U.S. Department of Labor (DOL), stated that employers could be held liable if they required employees to receive COVID-19-related injections as a condition of employment and the employees then experience adverse reactions.

A “Frequently Asked Questions” (FAQ) section of OSHA’s website stated, “If you require your employees to be vaccinated as a condition of employment (i.e., for work-related reasons), then any adverse reaction to the COVID-19 vaccine is work-related. The adverse reaction is recordable if it is a new case under 29 CFR 1904.6 and meets one or more of the general recording criteria in 29 CFR 1904.7,” according to Liberty Counsel.

But visitors to the same website’s FAQ section now see a different message, which reads:

“DOL and OSHA, as well as other federal agencies, are working diligently to encourage COVID-19 vaccinations. OSHA does not wish to have any appearance of discouraging workers from receiving COVID-19 vaccination, and also does not wish to disincentivize employers’ vaccination efforts. As a result, OSHA will not enforce 29 CFR 1904’s recording requirements to require any employers to record worker side effects from COVID-19 vaccination through May 2022. We will reevaluate the agency’s position at that time to determine the best course of action moving forward.”

The article also notes:

“OSHA’s suspension of the recording requirement so as not to discourage experimental COVID shots reveals that the Biden administration could care less about the collateral damage being caused by the COVID shots. The people can see this biased agenda. They are not stupid.”

None of the available COVID-19 shots are approved or licensed by the U.S Food and Drug Administration, Liberty Counsel noted. They come under what’s known as an emergency use authorization (EUA), which means their use cannot be required.

The FDA acknowledges on its website that it “must ensure that recipients of the vaccine under an EUA are informed, to the extent practicable given the applicable circumstances … that they have the option to accept or refuse the vaccine, and of any available alternatives to the product.”

This seems very curious to me. Why would you end reporting on something as important as negative reactions to a vaccine? Wouldn’t it make more sense to record everything and create a study panel to see if they can find specific causes for whatever problems arise?

Unions Members Inspecting Non-Union Companies

Yesterday the Daily Caller reported that union representatives are allowed to accompany OSHA to nonunion work sites due to an Obama administration rule clarification. The clarification has been accused in congressional testimony of violating federal laws.

The article reports:

Union representatives from the Service Employees International Union (SEIU) are now accompanying federal government safety inspectors on site visits to review labor complaints at nonunion private businesses, The Daily Caller has learned.

SEIU and other labor unions can accompany the government inspectors on site visits due to a quiet and contested Obama administration rule clarification issued last year in response to a request from a union representative.

SEIU agents recently accompanied an inspector from the federal Occupational Safety and Health Administration (OSHA), a division of the Department of Labor, on three visits to nonunion work sites under contract with the Houston-based janitorial company Professional Janitorial Services (PJS).

The argument against allowing SIEU and other union member to be involved in OSHA inspections is that it brings into question the neutrality of OSHA in labor-management disputes. Union members have no business being involved in the inspection of a non-union company.

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