After Court Ruling, Dept of Labor, OSHA, Drops ETS Enforcement for Workplace Vaccinations


Posted originally on the conservative tree house on November 17, 2021 | Sundance | 262 Comments

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:

Dept of Labor – “On November 12, 2021, the U.S. Court of Appeals for the Fifth Circuit granted a motion to stay OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard, published on November 5, 2021 (86 Fed. Reg. 61402) (“ETS”). The court ordered that OSHA “take no steps to implement or enforce” the ETS “until further court order.” While OSHA remains confident in its authority to protect workers in emergencies, OSHA has suspended activities related to the implementation and enforcement of the ETS pending future developments in the litigation.” (link)

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.

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