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Started By
Message
re: Legal Rationale for Biden’s Mandate and Likely Problems
Posted on 9/11/21 at 1:47 am to boosiebadazz
Posted on 9/11/21 at 1:47 am to boosiebadazz
quote:
My wife works for a company with well over 100 employees and their leadership emailed them today to say they were monitoring things and wouldn’t be announcing or mandating anything in light of probable litigation. I suspect most employers will take this position.
Here is an article from Reason on some of the legal grounds Biden claims to have this authority. I think it’s an overreach and he doesn’t have the authority to mandate this, and this article lays out the analytical framework of how and why it will (hopefully) be struck down.
Thanks for the info. I'm glad to hear there appears to be a framework to challenge and that OSHA loses as much as they do. This is all encouraging.
1
Posted on 9/11/21 at 4:28 am to oklahogjr
I get the feeling that President Biden is counting on this getting shut down by the courts before it gets started. Then he'll ask companies to voluntarily comply, and many will.
If that happens, he'll be able to tell his base that "he tried", and that it didn't work. I can't imagine that He really wants this to go into effect because it could spiral out of control pretty quickly if millions challenge the mandate and force employers to comply.
If that happens, he'll be able to tell his base that "he tried", and that it didn't work. I can't imagine that He really wants this to go into effect because it could spiral out of control pretty quickly if millions challenge the mandate and force employers to comply.
Posted on 9/11/21 at 6:56 am to upgrayedd
quote:
This is staying in place. Using logic, precedent, or legal analysis is nothing more than fruitless mental masturbation.
Maybe if we petition really hard for a redress or grievances, the government will stop the government.
Lol. The Covid government freight train isn’t going to be stopped by little things like law and Constitutionality.
Posted on 9/11/21 at 7:05 am to boosiebadazz
quote:Biden knows it is weak AF so he got out ahead of it and played bully saying bring it-
To use the emergency decree power, according to the agency's website, "OSHA must determine that workers are in grave danger" and that an emergency standard "is needed to protect them." That is a vague and open-ended standard, but even so it opens up one set of possible challenges. Is a test-or-vax mandate that applies even to employees who work from home, or who have already contracted the virus and recovered, truly needed to protect other workers from "grave danger"?
It says a hell of a lot about him-he is a despot tin pot dictator --not governing-- but laying out an agenda of pure power of one party rule. The great reset is their goal.
Posted on 9/11/21 at 7:11 am to boosiebadazz
quote:and it will be. The communist usurpers have taken the wrong path unless they are threatening the lives of the entire judiciary for passage - or inviting the CCP to invade
I’m not sure it does if the challenge is drafted correctly:
Posted on 9/11/21 at 7:51 am to 615KeithStone
Ok pedo
Posted on 9/11/21 at 7:54 am to YogaPants
quote:
It should never go unmentioned how much these assholes betrayed the country
In what way?
Posted on 9/11/21 at 7:59 am to boosiebadazz
OSHA standards like what Biden is attempting is an end run around the legislative process. It acts as legislation without the benefit of legislating. The provision is so vague that it can constitute OSHA to do this almost at any time. As a result the Supreme Court has regularly smacked down OSHA. What I do not understand, is why the SCOTUS does not declare OSHA itself unconstitutional.
Posted on 9/11/21 at 8:09 am to KiwiHead
quote:
an end run around the legislative process. It acts as legislation without the benefit of legislating.
Agreed. Much like Trump declaring a national emergency to usurp funding for the wall. I’d be curious to see who was ok with that move but is outraged at this one
Posted on 9/11/21 at 8:15 am to Bawwitdabaw
quote:
It really comes down to what those 9 assholes are feeling like that particular day and nothing more.
Lawyers are typically the last to either realise this or admit it. I’m not sure which it is.
Posted on 9/11/21 at 8:20 am to boosiebadazz
quote:
I’d be curious to see who was ok with that move but is outraged at this one
You don’t see a gap between enforcing existing law and creating a new one? Ok, but I bet most people do.
FWIW, I’d need to see the particulars of what congress did and the particulars of what Trump did to counter them to know if I agreed with it or not, but right out of the gate you’re comparing apples to ducks.
Posted on 9/11/21 at 8:21 am to boosiebadazz
He doesn’t have the authority to pick and chose who will be required to be vaccinated. He would’ve been better off trying to mandate all Americans will get the vaccine or you will be denied government benefits/entitlements.
Posted on 9/11/21 at 8:33 am to boosiebadazz
Boozie still thinks we live in a lawful society.
Posted on 9/11/21 at 8:34 am to Flats
quote:
You don’t see a gap between enforcing existing law and creating a new one? Ok, but I bet most people do.
FWIW, I’d need to see the particulars of what congress did and the particulars of what Trump did to counter them to know if I agreed with it or not, but right out of the gate you’re comparing apples to ducks.
Biden didn’t create new law. OSHA has been around since the 70’s and can enforce workplace safety.
He used a tenuous pretext to grab for the executive what is really the purview of the legislature- just like Trump did with the wall funding.
You just didn’t mind then because you agreed with the final outcome. Just like the liberals and progressives are doing now.
Posted on 9/11/21 at 9:53 am to boosiebadazz
quote:
You just didn’t mind then because you agreed with the final outcome.
You either can’t read or you’re a liar.
Posted on 9/11/21 at 10:14 am to Flats
Or used “you” in the impersonal, indirect sense 
Posted on 9/11/21 at 4:15 pm to boosiebadazz
Boozie your logic is absurd
Biden is ordering osha to create a rule defining a new workplace hazard that is not to be applied equally
Am sure you know this so your op is a stupid straw man so you can try and bash trump
You can be very pedantic at times
Biden is ordering osha to create a rule defining a new workplace hazard that is not to be applied equally
Am sure you know this so your op is a stupid straw man so you can try and bash trump
You can be very pedantic at times
Posted on 9/11/21 at 4:17 pm to boosiebadazz
quote:
think it’s an overreach and he doesn’t have the authority to mandate this,
He doesn't need authority, he has the courts. They are just as corrupt as the other branches of the Fed Gov.
Posted on 9/11/21 at 4:21 pm to boosiebadazz
quote:
Or used “you” in the impersonal, indirect sense
I'm sorry, but the "I'll be a dick but then use the
" schtick has been taken by mickey. You'll need something original. 
Posted on 9/11/21 at 4:26 pm to boosiebadazz
quote:
My wife works for a company with well over 100 employees and their leadership emailed them today to say they were monitoring things and wouldn’t be announcing or mandating anything in light of probable litigation. I suspect most employers will take this position.
My company immediately mandated vaccination, stated employees could request an exemption on religious ground that would be reviewed, but essentially said employees would be terminated for non-compliance...
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