President Joe Biden’s widely panned business vaccine mandate is reportedly back even as the president’s polling numbers are starting to recover, meaning therefore that the numbers could potentially soon be headed back down again.
Late Friday, a three-judge panel of the 6th U.S. Circuit Court of Appeals lifted a stay on the business vaccine mandate that was instituted last month by a three-judge panel on the Fifth Circuit Court of Appeals.
Friday’s ruling was issued in response to a request from the Biden administration.
“Judge Julia Gibbons, a George W. Bush appointee, and Jane Stranch, an Obama appointee, were in favor of granting the administration’s request. Joan Larsen, a Trump appointee, dissented,” according to Politico.
Gibbons and Stranch basically claimed in their ruling that the Occupational Safety and Health Administration, which is the agency that instituted the mandate last month, shouldn’t be questioned by anybody.
“It is not appropriate to second-guess that agency determination considering the substantial evidence, including many peer-reviewed scientific studies, on which it relied. Indeed, OSHA need not demonstrate scientific certainty,” they wrote.
“As long as it supports it conclusion with ‘a body of reputable scientific thought,’ OSHA may ‘use conservative assumptions in interpreting the data . . . , risking error on the side of overprotection rather than underprotection,'” they added.
View the ruling below:
In other words, so long as the Biden administration’s cherry picked studies and “experts” believe its mandate is helpful, the alleged merit of the mandate is incontestable.
“The record establishes that COVID-19 has continued to spread, mutate, kill, and block the safe return of American workers to their jobs. To protect workers, OSHA can and must be able to respond to dangers as they evolve,” the ruling continues.
The 5th Circuit disagreed.
In their ruling, they argued that the mandate’s opponents had offered enough evidence to show “there are grave statutory and constitutional issues with the Mandate.”
Some opponents of the mandate are hoping to use the same rationale to convince the Supreme Court to reinstitute the stay, ASAP.
“Utah and several dozen states intend to seek immediate, emergency relief with the U.S. Supreme Court. We remain confident that the Court will agree that the mandate is unconstitutional federal overreach,” Utah Attorney General Sean Reyes said in a statement following the 6th Circuit’s decision.
Texas Attorney General Ken Paxton vowed similarly.
“A bad decision by a left-leaning panel (Bush and Obama judges) of the 6th Cir. It’s un-American to force an unconst vax mandate on private biz, forcing people to choose b/w unemployment & an irreversible med procedure. I will immediately take this to SCOTUS to seek a reversal,” he tweeted late Friday.
The Sixth Circuit Court Appeals has reinstated the nationwide #VaccineMandate for private businesses with more than 100 employees. But Utah is NOT immediately affected.
From AG Reyes: pic.twitter.com/YwETN1ytFV
— Utah Attorney General (@UtahAG) December 18, 2021
A bad decision by a left-leaning panel (Bush and Obama judges) of the 6th Cir.
It’s un-American to force an unconst vax mandate on private biz, forcing people to choose b/w unemployment & an irreversible med procedure.
I will immediately take this to SCOTUS to seek a reversal. https://t.co/GoqdrC9GXv
— Attorney General Ken Paxton (@KenPaxtonTX) December 18, 2021
Meanwhile, 27 business groups reportedly filed their own appeal with the Supreme Court before the night was even over, according to Politico.
“It will impose substantial, nonrecoverable compliance costs on those businesses. Those businesses will be faced with either incurring the costs of testing for the millions of employees who refuse to be vaccinated—and passing those costs on to consumers in the form of yet higher prices at a time of record inflation—or imposing the costs of testing upon their unvaccinated employees, who will quit en masse rather than suffer additional testing costs each week,” the appeal reportedly reads.
Incidentally, Florida Gov. Ron DeSantis had predicted that all this would happen. Speaking at an event in Ocala just prior to the court’s ruling late Friday, he warned that the 6th Circuit panel would most likely side with OSHA.
“People should just be prepared. It is on the three-judge panel. You could potentially see a hiccup before we ultimately get what I think will be a favorable decision,” he said, as reported by Florida Politics.
However, he was confident that if and when the full 6th Circuit court reviews the mandate, it will ultimately reject it.
“You could end up with what I consider an adverse ruling on the panel, and then it maybe goes to the full court, and then the rule is ruled to be unconstitutional. But I’m confident of the ultimate result. How you get there is a little bit of a curveball,” he said.
He didn’t say anything about the Supreme Court.
Regardless, until the stay in reinstituted, the 6th Circuit’s current ruling isn’t likely to do the president any favors. His job approval numbers began dropping precipitously after he first announced the mandate earlier in the fall but eventually began recovering after the mandate was stayed.
As of Saturday morning, his average approval was 44.1 percent, up from a record low of 41.3 percent recorded weeks earlier.
With the mandate once again in effect, layoffs/terminations will likely soon follow suit, as will a reduction in the president’s job approval numbers.
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