“This mandate is unconstitutional, unlawful, and unwise,” the court filing says. Attorney General Eric Schmitt of Missouri led the group that brought the lawsuit, which was joined by private and nonprofit groups....
November 5, 2021
"11 states sue the Biden administration over its vaccination mandate for large companies."
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Good.
If Democrats want this enacted, let them pass a law.
Good. The world will be a better place if the antivaxers prevail at thinning their herd. Natural selection is almost as beautiful as social Darwinism.
Good. Tired of letting these things get implemented without fighting back.
Now sue the employers who want to force me to undergo a medical procedure, and to see proof/confirmation of my medical procedure.
You know, that stuff about which employers used to NOT be able to ask.
...and the 20 percent of U.S. adults who remain unvaccinated may oppose the mandate as well.
Wow that's really facile.
I'm assuming the parties suing will find a judge to put a temporary hold on this mandate/order(?) until this can be litigated? In this way, Biden's team may be saved from its own mistake that could dump the economy in a way that it does not recover in these next 3 years.
What?!? No injunction? Where's a Hawaiian judge when you need one...
Don't worry.
There are plenty of Democrat Judges that will find this mandate constitutional.
The Constitution holds no limitations on government power if you cannot read.
Why only companies with one hundred or more employees? Does the virus not infect small business with less than one hundred employees? That's one smart virus. Why can we have sporting events with THOUSANDS of fans in attendance who may or may not be vaccinated?
None of this makes any sense at all.
OSHA lacks the resources to enforce this and is relying on snitches to do their job for them. Which is what normally do anyway. They usually don't act unless there is a complaint, accident, or work related death. At that has been my experience dealing with OSHA.
This mandate is unconstitutional, unlawful, and unwise
And unnecessary. Don't forget unnecessary. That carries more weight than it should, even when your other argument is that it's unconstitutional.
Blogger Howard said...
Good. The world will be a better place if the antivaxers prevail at thinning their herd. Natural selection is almost as beautiful as social Darwinism.
Howard still thinks the vaccine is effective and the side effects are a myth.
Try to remember the cruise ship experiment.
Howard said...Good. The world will be a better place if the antivaxers prevail at thinning their herd. Natural selection is almost as beautiful as social Darwinism.
This is such a dumb response. How is it possible that you are this ignorant of COVID? How can you even pretend not to understand that even in the worst-case scenario, a vast majority of the people who choose not to get vaccinated will never have reason to doubt that they made the right decision?
The only plausible explanation is that you are a shitty awful person. Nothing else, literally nothing else, fits the fact pattern as well.
Howard said...
Good. The world will be a better place if the antivaxers prevail at thinning their herd. Natural selection is almost as beautiful as social Darwinism.
***********
Howard, like Bullwinkle, is always SOOOO confused...
This is not an antivax position, it's an anti-mandate position, a constitutional challenge.
And, of course, natural immunity, which works to keep people alive, is regarded by normal people as much preferable to Natural Selection or Social Darwinism, which you perversely favor as "beautiful" means to kill people you disagree with.
Stay classy, Howard.
I'm not an attorney but I spent over 40 years as an engineer in a manufacturing company. This mandate is outside the scope of the Occupational Safety and Health Act, which was written to mandate protection of workers from occupational hazards in the work place, such as toxic substances and unsafe working conditions. Public health mandates are not a part of that law. I exchanged some comments with someone yesterday who was a participant on several NIOSH committees back at the time the OSHA regulations were written and he said that the act and its implementation specifically excluded employer responsibility for communicable diseases. This is typical progressive overreach, stretching the application of a law to fit something for which it was never intended. Courts should strike it down but in today's political environment i have little confidence that will happen.
Serious question: How do the state AGs have standing to sue to vindicate the interests of private companies? Set aside your feelings about the merits of the requirement; I'm asking about process.
Howard: Good. The world will be a better place if the antivaxers prevail at thinning their herd. Natural selection is almost as beautiful as social Darwinism.
As of today, there have been 751k deaths attributed to Mao Tse Lung.
The US population is, give or take, 330m.
The coarse fatality rate from MTL is 0.23%.
The working age populations share of total fatalities is roughly ⅓ of the total.
Which means for those younger than 65, the CFR is .0075%.
Two additional conclusions are obvious: you don't know anything about MTL mortality, and even less about natural selection.
Good. The world will be a better place if the antivaxers prevail at thinning their herd. Natural selection is almost as beautiful as social Darwinism.
Given the racial breakdown of the antivaxxers, this could easily be seen as a racist statement.
Are there an excessive number of cases of those that are vaccinated being infected, becoming seriously ill and dying because of those that are unvaccinated?
Good. The world will be a better place if the antivaxers prevail at thinning their herd. Natural selection is almost as beautiful as social Darwinism.
It seems that he lefties are getting dumber and more autocratic every day.
I chose to get vaxxed, but I am against sweeping mandates. Certain populations are FAR less likely to have adverse effects from the Wuhan Flu. The only purpose of forcing vaccines on them is OBEDIENCE. Those who are not vaxxed will be a control group that will spread naturally acquired immunity. The vaxxed are likely to instigate more COVID variations.
After COVID what else will be forced on us under the guise of public health crisis?
Howard: Good. The world will be a better place if the antivaxers prevail at thinning their herd. Natural selection is almost as beautiful as social Darwinism.
As of today, there have been 751k deaths attributed to Mao Tse Lung.
The US population is, give or take, 330m.
The coarse fatality rate from MTL is 0.23%.
The working age populations share of total fatalities is roughly ⅓ of the total.
Which means for those younger than 65, the CFR is .0075%.
Two additional conclusions are obvious: you don't know anything about MTL mortality, and even less about natural selection.
tim maguire said...
...
The only plausible explanation is that you [Howard] are a shitty awful person. Nothing else, literally nothing else, fits the fact pattern as well.
11/5/21, 10:55 AM
I agree. Howard says nothing that resembles a normal human being. I try to err on the side that he is just a troll, but evidence seems to support the he, and people of his ilk, really are nasty people.
"Serious question: How do the state AGs have standing to sue to vindicate the interests of private companies?"
The mandate will decrease what their state's collect in state income taxes. Sounds like standing to me.
" and even less about natural selection."
Which unfortunately, in Howard's family, skipped a generation.
Michael K said, "Howard still thinks the vaccine is effective and the side effects are a myth."
Howard can think what he likes. The real tragedy is the Federal government insists that what he thinks is correct.
"Serious question: How do the state AGs have standing to sue to vindicate the interests of private companies?"
Good question.
The petition is linked in the NYT article and I think the most relevant assertion is: "[The] unlawful mandate will cause injuries and hardship to working families, inflict economic disruption and staffing shortages on the States...."
State governments have contracts with the private companies that are affected and that may lose staff, and that will have a concrete impact on them.
The petition cites 29 U.S. Code § 655, which provides: "Any person who may be adversely affected by a standard issued under this section may at any time prior to the sixtieth day after such standard is promulgated file a petition challenging the validity of such standard with the United States court of appeals for the circuit wherein such person resides or has his principal place of business, for a judicial review of such standard."
Also note that there are other plaintiffs, so even if the states couldn't sue, these other parties could: AAI, INC., ) DOOLITTLE TRAILER MFG., INC., ) CHRISTIAN EMPLOYERS ) ALLIANCE, ) SIOUX FALLS CATHOLIC ) SCHOOLS D/B/A BISHOP ) O’GORMAN CATHOLIC SCHOOLS, ) HOME SCHOOL LEGAL DEFENSE ) ASSOCIATION, INC.,
“This mandate is unconstitutional, unlawful, and unwise,” the court filing says. Attorney General Eric Schmitt of Missouri led the group that brought the lawsuit, which was joined by private and nonprofit groups...
Not to nitpick ( I support the lawsuit) but if the objection is that it is unconstitutional then on its face its unlawful. If it is unconstitutional and therefore unlawful then it is also unwise.
So why do the lawyers add what isn't necessary?
Even if you think the vaccines are good (and I hope they are because I got mine), the mandates are terrible. What will be mandated next in the name of an "emergency"?
Interesting reasoning for the states' lawsuits. Didn't some states use the same argument against some of Trump's immigration policies?
Howard said...
Good. The world will be a better place if the antivaxers prevail at thinning their herd. Natural selection is almost as beautiful as social Darwinism.
Some people knelt to the Nazi's.
Some People resisted the Nazi's.
Others happily put their jackboots on and volunteered to join the SS.
The recent behavior of the courts suggests to me that they aren't going to lift a finger to stop this. I have warned various people that they are making a mistake waiting for lawsuits and courts to put a stop to this medical tyranny. This ends when people put up mass resistance- stop wearing masks where governments require them, stop offering vaccine proof to those who ask, etc. Here in Tennessee, we have the utterly ridiculous situation where a county government decided to make masks for students optional- you have your child wear a mask or not. A local federal judge ordered the school district to make masks mandatory under the argument that not making them mandatory violated someone's civil rights.
You get to keep the rights you are willing to personally seize. If you keep expecting them to be granted to you by a third party, you will lose them one by one.
Howard said...
Good. The world will be a better place if the antivaxers prevail at thinning their herd. Natural selection is almost as beautiful as social Darwinism.
Howard makes a good point! Just Look at Florida! No Vaccine Mandates not even any mask mandates
You know what their 7 day moving average for Covid deaths is? It's SO HIGH it's Nearly One!
Like i Say, Howard makes a Good Point...
Of Course, it's The Opposite of the point he Thinks he's making; but that's just Howard
Is Aaron Rodgers one of the plaintiffs?
I continue to be amazed and surprised at how many Americans not only see no issue with government intrusions on personal freedoms, but actively advocate for those intrusions.
Mask-wearing is a temporary intrusion with questionable benefit in the vast majority of mandated situations. Personal body scanning at airports is a temporary intrusion with questionable benefits, proven time and time again. Vaccination of young, healthy adults and kids is a permanent intrusion with little to no personal benefit and increasingly questionable benefit to others as it does not appear to prevent the spread of covid or meaningfully decrease the risk of hospitalization in this particular population.
Per Worldometer there are currently 9,227,475 active Covid cases in the USA. 11,755 are listed as “Serious/critical”. .001.
1.6% of people contracting the disease have died from it, or with it.
There are those among us who can read and do simple arithmetic and weigh their risk.
Howard: "Good. The world will be a better place if the antivaxers prevail at thinning their herd. Natural selection is almost as beautiful as social Darwinism."
Like Margaret Sanger before him, Howard wants blacks and browns to die at disproportionate rates compared to whites.
There's a word for that kind of thinking.
Italy just revised their COVID-19 death toll downward 97% for 2020 after reviewing all the deaths and removing those who had serious comorbidities that were their cause of death. In other words they went from counting "deaths with COVID," which is how we still count them, to "deaths from COVID" as a more accurate metric. And it is, of course. But it dropped Italy's C-19 death stats from over 130,000 to less than 4000. We know from a similar Stanford study that at least one California county would record at least a 50% drop in totals if we used the same logical criteria.
So while COVID did not accomplish much in the "thinning the herd" category, despite the weird political desire for death (of the subjects reluctant to be in the vax experiment) from progresssssives like Howard, it did hasten the very old, very fat, very malnourished and very sick to an earlier exit, although not by much. On balance it had the effect of a bad flu year, as I have written here relentlessly since April of 2021, and it was very selective in who it killed for the most part. Not one American child under 16 died from COVID-19 last year without a serious comorbidity, usually leukemia, that had severely compromised that child's health before COVID arrived. Not one. Japan allowed municipalities to keep schools open or go remote, providing an excellent control group: no difference in community spread between those two approaches.
If we could just follow the science enough to reopen ALL schools with NO stupid masking this country would be a lot closer to a return to normal. You know the one big thing Biden kept promising. THIS he could do.
"Per Worldometer there are currently 9,227,475 active Covid cases in the USA. 11,755 are listed as “Serious/critical”. .001.
1.6% of people contracting the disease have died from it, or with it.
There are those among us who can read and do simple arithmetic and weigh their risk."
While your point is still valid, you can't use the active cases figures for the US at Worldometers- some states no longer update the data titled "Recovered". So, the 9.2 million figure for active cases is way too high. It is more on the order of about 1 million- total new cases for the last 2 weeks.
The vaccine provides no protection against spread of the China Flu, so requiring vaccination will not stop its spread. The only point of the vaxx mandate is to punish the unvaccinated. To force them from the work force and into poverty. This is a "cruel and unusual punishment", which is forbidden by the Eight Amendment.
It's also an intrusion on the right of the people to peaceably assemble, as provided by the First Amendment. That the people are peaceably assembly to provide product or a service is of no matter.
Should be ALL of them. I hate living in a Progressive state. Hopefully we can handle 3 more years....Retirement here we come!!
Abortion isn't killing enough people for Howard....
Didn't Ron Klain admit this OSHA rule was a pretextual end-around the inability of the federal government to mandate vaccinations?
Hence, isn't this unlawful OSHA regulation an unconstitutional encroachment on each state's police powers?
The federal government’s authority to institute a general vaccine mandate is unclear, and has not yet been tested in the courts, though it is likely limited at best.
States’ authority to mandate vaccines to protect public health is well-established. Currently, all states require vaccines for school attendance, while state vaccine requirements for health care workers vary. More generally, though, states do not use mandates for adult vaccination and have thus far said they are not mandating COVID-19 vaccination
https://www.kff.org/coronavirus-covid-19/issue-brief/key-questions-about-covid-19-vaccine-mandates/
Bad idea to put all these eggs in one lawsuit basket.
File dozens of lawsuits. More chances to get relief.
How do the state AGs have standing to sue to vindicate the interests of private companies?
Damage to the states in the form of higher unemployment benefits to be paid out.
Keep this in mind. COVID-19 does not directly affect the working population very much. Most of those in that class have almost no chance of dying from it. The people who are at risk are those, like many here, of retired workers. The curve by age, of COVID-19 deaths is almost exponential. The healthy 20 year old who catches the virus may not even miss work, while the 90 year old had better have his will made out. Our military, with a demographic of mostly late teens and early 20s, has faced a death toll, so far, of roughly 1/100,000. Of course, the side effects of the vaccines on these demographics appears much more deadly.
So, why demand that demographics more likely to die from lightning strikes than COVID-19, get an experimental gene therapy jab? Apparently, the justification is herd immunity. Except that, with the Delta variant, the Herd Immunity Threshold (HIT) is roughly 80%, not the 60% under earlier variants. But most importantly, the current vaccines do not help us reach herd immunity for COVID-19, because they are very leaky vaccines, and are far from sterilizing (which is a requirement for herd immunity). We have known this since the superspreader event in P Town in early July, when there were significant numbers of breakthrough cases of vaccinated party goers. Contributing to heard immunity presupposes (requires) few if any breakthrough cases. We now know that while these novel gene therapy vaccines may help reduce mortality of the virus, they don’t significantly the reduce the number of people catching COVID-19. Currently, with a majority of this country vaccinated, there are apparently states where more new cases are vaccinated, than non vaccinated.
Keep that in mind: breakthrough cases => no herd immunity.
So, again, what is the purpose of the OSHA mandate?
Anti-vax =/= anti-mandate, Howard.
You people are so predictable. Thanks for the laughs.
what are the pros and cons of states waiting to sue after DOJ tries enforcement?
or squeeze companies between states bans and federal mandate?
cubanbob said...
“This mandate is unconstitutional, unlawful, and unwise,” the court filing says. Attorney General Eric Schmitt of Missouri led the group that brought the lawsuit, which was joined by private and nonprofit groups...
Not to nitpick ( I support the lawsuit) but if the objection is that it is unconstitutional then on its face its unlawful. If it is unconstitutional and therefore unlawful then it is also unwise.
So why do the lawyers add what isn't necessary?
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they must have watched Perry Mason at mom's bosoms!!
incompetent irrelevant immaterial is wholly trinity per perry mason
'Why only companies with one hundred or more employees?'
And why wait two months?
If it's such an existential threat to all of us, it should have been implemented immediately.
To me that is an argument against having it at all...
'Good. The world will be a better place if the antivaxers prevail at thinning their herd.'
And we could raise the collective IQ by quite a bit if socialists and low-IQ morons like you would do yourselves in.
A man can dream...
“...and the 20 percent of U.S. adults who remain unvaccinated may oppose the mandate as well.”
WTF? 80% of US adults are vaccinated?
Then why is anyone still participating in this mummery?
"incompetent irrelevant immaterial is wholly trinity per perry mason"
To save time, they probably abbreviated it in the scripts as I3.
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