Vaccine Mandate On Hold....

[rogue06]

And it is looking like the Democrat-controlled Senate may pass a resolution to nullify old Joe's vaxx mandate.

Source: Senate poised to pass resolution to nullify Biden vaccine mandate

The Senate is expected to vote as soon as Wednesday to nullify President Biden’s vaccine mandate for large employers, giving Republicans a big symbolic victory.

Republicans say they expect the resolution will pass with at least 52 votes after centrist Sens. Joe Manchin (D-W.Va.) and Jon Tester (D-Mont.) announced their support for the proposal. Every single Republican senator will vote for it.

The Congressional Review Act (CRA), which was enacted in 1996, sets up a fast-track process in the Senate that allows the minority party to force a vote on a resolution to disapprove of a federal rule. The CRA, however, does not have a fast-track process for the House.

Senate Majority Leader Charles Schumer (D-N.Y.) said Tuesday he isn’t worried about a few Democratic defections on the vaccine mandate.

“The position to me is pretty clear and that is that the more people that are vaccinated, the safer America will be, and we should encourage everything we can do to do it. That is the overwhelming view of the president and of the vast majority of Democrats,” he said.

The Senate’s anticipated passage of the resolution will set up a battle in the House, where Republicans plan to circulate a discharge petition to force Speaker Nancy Pelosi (D-Calif.) to schedule a vote on the resolution.

“I’m hoping to get another two or three Democrats on board,” the lead Senate Republican sponsor of the proposal, Sen. Mike Braun (Ind.), told The Hill Tuesday before he knew that Tester would back the proposal.


Source

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Chucky is right that the majority of Americans think it is a good idea to get the jab. But then in his typical underhanded manner he conflates that sentiment with forcibly requiring people to get vaccinated or be fired or quarantined which doesn't have that support.

I'm hoping that now it won't matter that more Democrats jump on board.

[Thoughtful Monk]

I would like to think vaccine mandates are slowing heading for the door, but I'm not convinced. Bill DeBlasio on his way out of the door from being mayor of NYC imposed vaccine requirements on all businesses in NYC. I don't think this will get resolved until the Supreme Court decides a case.

On a related note, I'm going to be interested to see how vaccine mandates play as a political issue in 2022. Are those who imposed them going to find them a political help or hinderance? I'm sure this will have some regional variability, but I'm also interested in the general impact.

[alaskazimm]

What do the anti-vaxxers and the pro-vaxxers have in common?

Neither are fully vaccinated

[seer]

What do the anti-vaxxers and the pro-vaxxers have in common?

Neither are fully vaccinated

ouch....

[NorrinRadd]

And it is looking like the Democrat-controlled Senate may pass a resolution to nullify old Joe's vaxx mandate.

Source: Senate poised to pass resolution to nullify Biden vaccine mandate

The Senate is expected to vote as soon as Wednesday to nullify President Biden’s vaccine mandate for large employers, giving Republicans a big symbolic victory.

Republicans say they expect the resolution will pass with at least 52 votes after centrist Sens. Joe Manchin (D-W.Va.) and Jon Tester (D-Mont.) announced their support for the proposal. Every single Republican senator will vote for it.

The Congressional Review Act (CRA), which was enacted in 1996, sets up a fast-track process in the Senate that allows the minority party to force a vote on a resolution to disapprove of a federal rule. The CRA, however, does not have a fast-track process for the House.

Senate Majority Leader Charles Schumer (D-N.Y.) said Tuesday he isn’t worried about a few Democratic defections on the vaccine mandate.

“The position to me is pretty clear and that is that the more people that are vaccinated, the safer America will be, and we should encourage everything we can do to do it. That is the overwhelming view of the president and of the vast majority of Democrats,” he said.

The Senate’s anticipated passage of the resolution will set up a battle in the House, where Republicans plan to circulate a discharge petition to force Speaker Nancy Pelosi (D-Calif.) to schedule a vote on the resolution.

“I’m hoping to get another two or three Democrats on board,” the lead Senate Republican sponsor of the proposal, Sen. Mike Braun (Ind.), told The Hill Tuesday before he knew that Tester would back the proposal.


Source

© Copyright Original Source

[*Article continues at link above*]

Chucky is right that the majority of Americans think it is a good idea to get the jab. But then in his typical underhanded manner he conflates that sentiment with forcibly requiring people to get vaccinated or be fired or quarantined which doesn't have that support.

I'm hoping that now it won't matter that more Democrats jump on board.

How is this anything more than posturing? It will have no legal force.

[NorrinRadd]

Source: https://www.fiercehealthcare.com/hospitals/federal-judge-orders-nationwide-pause-cms-covid-19-vaccine-mandate-for-healthcare-workers

Federal judge orders nationwide pause on CMS' COVID-19 vaccine mandate for healthcare workers



by Dave Muoio |Dec 1, 2021 11:04am



Trump-appointed judges from Louisiana and Illinois issuing preliminary injunctions against the vaccination mandates wrote that the requirements will harm plaintiff states and are unlikely to hold up in court. The decisions come alongside other early wins for vaccine opponents combatting the Biden administration's similar requirements for businesses with 100 or more employees or those contracting with the federal government. (Pixabay)

A Louisiana federal court has granted 14 states’ bid for a preliminary injunction that not only halts a Centers for Medicare and Medicaid Services (CMS) rule requiring COVID-19 vaccination for healthcare workers in their own states but across the entire nation. In the memorandum ruling issued Tuesday, U.S. District Judge Terry A. Doughty wrote that the plaintiff states had clearly proven CMS’ mandate would lead to irreparable injury against each state.
The judge wrote that the plaintiffs’ arguments that CMS exceeded its authority with the rule and did not have good cause to forego the required notice and comment period will likely find success in the case’s eventual ruling. The states are similarly likely to find success arguing that the mandate was both contrary to law and arbitrary and capricious, the judge wrote, but will likely be hit and miss around other alleged constitutional violations. Doughty said he decided to extend the preliminary injunction beyond the 14 states “due to the need for uniformity” with the nationwide mandate. Unvaccinated healthcare workers in other states “also need protection” of their civil liberties during the ongoing state of emergency, he wrote.
“This matter will ultimately be decided by a higher court than this one,” Doughty wrote in the decision. “However, it is important to preserve the status quo in this case. The liberty interests of the unvaccinated requires nothing less.”
CMS announced in early November that it would be requiring applicable healthcare facilities to have a policy in place ensuring that eligible staff receive their first dose of a COVID-19 vaccine series by Dec. 5 and to have completed their series by Jan. 4, 2022. Failure to comply with the requirement would place an organization’s Medicare funding in jeopardy.

The preliminary injunction will remain in place pending the court's final decision or another order from an appellate court or the Supreme Court.

© Copyright Original Source

I support this result, but I don't support District courts issuing nationwide rulings.

We didn't like it when they did it to Bad Orange Man. We recognized it for the overreach that it is. If it was overreach then, it's overreach now.

[rogue06]

How is this anything more than posturing? It will have no legal force.

The article itself notes near the beginning it is largely symbolic since the House doesn't have a similar system in place. Even so they would need to have enough votes to override the likely veto.

[CivilDiscourse]

The article itself notes near the beginning it is largely symbolic since the House doesn't have a similar system in place. Even so they would need to have enough votes to override the likely veto.

I was reading about it on Huffpost. Commenters were complaining about the democrats not filibustering it....They don't need to given it won't go anywhere. The only reason to do so would just to prevent the headline.

[Thoughtful Monk]

New mask or be vaccine mandates to visit public places start on Monday in all NY State. It's left to the businesses to decide if they're going require everyone to be masked or show proof of vaccine. No word on what the penalties for businesses that don't comply. The local grocery chains have already announced its everyone will be masked. A nightclub said it's going to be proof of vaccination. Feel bad for the businesses that they have to enforce this.

Also, it seems to me that letting vaccinated people go unmasked overlooks what is becoming more and more obvious that even if your vaccinated, you can still carry and transmit the virus.

[rogue06]

New mask or be vaccine mandates to visit public places start on Monday in all NY State. It's left to the businesses to decide if they're going require everyone to be masked or show proof of vaccine. No word on what the penalties for businesses that don't comply. The local grocery chains have already announced its everyone will be masked. A nightclub said it's going to be proof of vaccination. Feel bad for the businesses that they have to enforce this.

Also, it seems to me that letting vaccinated people go unmasked overlooks what is becoming more and more obvious that even if your vaccinated, you can still carry and transmit the virus.

If there are no penalties for not enforcing the mandate they can't just come up with one after they charge them with breaking it.

And yeah. There are going to be a lot of calls on an already over stressed and increasingly undermanned police departments from stores with angry customers.

[Thoughtful Monk]

I saw the Supreme Court refused to hear a case from NY about the vaccine mandate on health care workers. Since they simply refused to hear the case, I'm trying not to overreach on conclusions. Unfortunately, I think it's an indicator that the Biden business vaccine mandate is going to be upheld when it reaches them. Don't think it will be a 9-0 decision. From what I read on the NY case I'm looking at a 6-3 decision.

I'm more and more accepting a consequence of Covid is going to be increased government control over our lives.

[Mountain Man]

I'm more and more accepting a consequence of Covid is going to be increased government control over our lives.

Joe Biden is turning out to be every bit the tyrant that President Trump was falsely accused of being, and yet not a word of protest from liberals.

[Thoughtful Monk]

Mandate coming off hold. The 6th Circuit has upheld the employer mandate by OSHA as constitutional.

[Terraceth]

I saw the Supreme Court refused to hear a case from NY about the vaccine mandate on health care workers. Since they simply refused to hear the case, I'm trying not to overreach on conclusions. Unfortunately, I think it's an indicator that the Biden business vaccine mandate is going to be upheld when it reaches them. Don't think it will be a 9-0 decision. From what I read on the NY case I'm looking at a 6-3 decision.

I'm more and more accepting a consequence of Covid is going to be increased government control over our lives.

I don't feel those cases are particularly applicable to each other. The New York case was entirely about whether the mandate could go into effect without a religious exemption; there was no real challenge to the mandate itself. After all, Jacobson v. Massachusetts established that states can enact vaccine mandates, and while the Supreme Court could overturn that like it can any decision (though I doubt it will), it would do so in a real case, not a request for emergency relief.

The Biden business vaccine mandate is a considerably different matter. It faces two important challenges that didn't apply in the New York case: First, whether or not the mandate is actually authorized by OSHA, and two, whether such an implementation, even if justified by OSHA, is a valid exercise of the Commerce Clause. Neither of these considerations applied to the New York case.

Neither of the cases, in regards to the legal questions, actually have much to do with each other, even they're similar policies.

[Thoughtful Monk]

I don't feel those cases are particularly applicable to each other. The New York case was entirely about whether the mandate could go into effect without a religious exemption; there was no real challenge to the mandate itself. After all, Jacobson v. Massachusetts established that states can enact vaccine mandates, and while the Supreme Court could overturn that like it can any decision (though I doubt it will), it would do so in a real case, not a request for emergency relief.

The Biden business vaccine mandate is a considerably different matter. It faces two important challenges that didn't apply in the New York case: First, whether or not the mandate is actually authorized by OSHA, and two, whether such an implementation, even if justified by OSHA, is a valid exercise of the Commerce Clause. Neither of these considerations applied to the New York case.

Neither of the cases, in regards to the legal questions, actually have much to do with each other, even they're similar policies.

I understand your points and you may be correct. Just remember though, it's the same 9 people that will ultimately make the decision. If they can't find a religious exemption (a definite conservative view), I'm getting more confident they'll say OSHA is in its bounds. Chief Justice Roberts seem to go out of his way to make sure the court isn't too conservative.