Here we go again, on to the Supreme Court where nine un-elected justices will feel the weight of the nation when deciding what federal appeals courts got it wrong this time.
With the U.S. morphing from a nation of immigrants who loved liberty to a divided nation of undefinable national demographics and generations of indoctrinated young adults assuming positions of influence, the Supreme Court has been and will continue to be the final arbitrator, with the nation having to deal with their rulings, right or wrong.
The controversial COVID vaccine mandate issued by the Labor Department’s Occupational Safety and Health Administration (OSHA) was stopped in early November by the Fifth Circuit Court of Appeals.
On Friday though, a panel of the Sixth Circuit Court of Appeals lifted the stay. The court’s 2-1 ruling will allow the Biden administration to implement a draconian COVID-19 vaccine or testing mandate on private companies with 100 or more employees.
The Majority: Judges Julia Gibbons (GW Bush), Jane Stranch (Obama). Dissent: Joan Larsen (Trump).
The mandate will require the employers with 100 employees or more to determine, monitor, and enforce each worker’s vaccination status and requires that unvaccinated workers get tested for COVID-19 at least once weekly. By Jan. 4, employers must comply with the requirement that they ensure unvaccinated workers get tested weekly.
If employees refuse to get the shots in their arms then they must comply with regular testing requirements issued by their companies or face termination.
The decision to dissolve a stay that had been issued by the Fifth Circuit marks a win for the Biden administration, at least for now.
The matter will likely come before the U.S. Supreme Court as opponents fight on, expecting to defeat the mandate via the judicial system.
5th Circuit put OSHA private employer mandate on ice. 6th Circuit just dissolved the 5th Circuit order. Looks like this is headed straight to #SCOTUS. Guess I know how I'll be spending Christmas "break" 😉
— Shannon Bream (@ShannonBream) December 18, 2021
South Carolina Attorney General Alan Wilson, who is also the chair of the Republican Attorneys General Association, said that the battle continues.
“The Sixth Circuit has dissolved the stay of the OSHA vaccine mandate. While we are disappointed in the Court’s decision, we will continue to fight the illegal mandate in the Supreme Court. We are confident the mandate can be stopped,”
“We will go immediately to the Supreme Court- the highest court in the land- to fight this unconstitutional and illegal mandate. The law must be followed and federal abuse of power stopped,”
We will go immediately to the Supreme Court- the highest court in the land- to fight this unconstitutional and illegal mandate. The law must be followed and federal abuse of power stopped.
— Alan Wilson (@AGAlanWilson) December 18, 2021
The Biden administration responded on Saturday saying it will permit slight delays in the implementation of an emergency temporary standard (ETS) that will place coronavirus vaccine and testing mandates on 84 million American workers.
Fox Business is reporting
A Labor Department spokesperson told Fox News on Saturday it was “gratified” by the court’s decision to dissolve the blockade.
“OSHA can now once again implement this vital workplace health standard, which will protect the health of workers by mitigating the spread of the unprecedented virus in the workplace,” the spokesperson said. Adding that the department will exercise “enforcement discretion with respect to the compliance dates” of the mandate.
“To provide employers with sufficient time to come into compliance, OSHA will not issue citations for noncompliance with any requirements of the ETS before January 10,” the spokesperson continued.
Businesses that don’t have the manpower to implement the edict or refuse to, could see fines as high as $14,000 per violation.
The expected SCOTUS ruling could be one of the most important in either maintaining or reshaping our struggling Constitutional Republic permanently.