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Understanding and Breaking Down the Supreme Court Ruling on OSHA Mandates ----- Key Parts --- Everyone Should Be Proud and Empowered

 
Anonymous Coward
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01/13/2022 04:09 PM
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Understanding and Breaking Down the Supreme Court Ruling on OSHA Mandates ----- Key Parts --- Everyone Should Be Proud and Empowered
I'm not a lawyer, however, I do understand the legal jargon, so I'll try to put it in some layman's terms.


Why OHSA and Congress got their asses handed to them, and now is Supreme Court Case Law forever, so no turning back. All the political Karen's and Ken's in power screwed themselves by ignoring the separation of powers, previous case law, legal doctrines, and the US constitution.

"Although COVID-19 is a risk that occurs in many workplaces, it is not an occupational hazard in most," the majority wrote.

And THANKS for the Pin!!!!


[link to www.supremecourt.gov (secure)]

Congress Failed and so did OSHA:

Justice Gorsuch concurring: page 11/30


"And when it comes to that obligation, this
Court has established at least one firm rule: “We expect
Congress to speak clearly”
if it wishes to assign to an executive agency decisions “of vast economic and political significance.” Alabama Assn. of Realtors v. Department of
Health and Human Servs., 594 U. S. ___, ___ (2021) (per curiam) (slip op., at 6) (internal quotation marks omitted). We sometimes call this the major questions doctrine. Gundy v.United States, 588 U. S. ___, ___ (2019) (GORSUCH, J., dissenting) (slip op., at 20).

OSHA’s mandate fails that doctrine’s test. The agency
claims the power to force 84 million Americans to receive a
vaccine or undergo regular testing. By any measure, that
is a claim of power to resolve a question of vast national
significance. Yet Congress has nowhere clearly assigned so much power to OSHA. Approximately two years have
passed since this pandemic began
; vaccines have been
Cite as: 595 U. S. ____ (2022) 3"



Just added for people that want a line by line YouTube. Thanks, Rekieta Law and member Tangy. :)



Rekieta Law reading line by line, for anyone interested.

live now, but you can rewind.


[link to www.youtube.com (secure)]
 Quoting: Tangy
Anonymous Coward (OP)
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01/13/2022 04:11 PM
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Re: Understanding and Breaking Down the Supreme Court Ruling on OSHA Mandates ----- Key Parts --- Everyone Should Be Proud and Empowered
GORSUCH, J., concurring

"available for more than a year. Over that span, Congress
has adopted several major pieces of legislation aimed at
combating COVID–19. E.g., American Rescue Plan Act of
2021, Pub. L. 117–2, 135 Stat. 4. But Congress has chosen
not to afford OSHA—or any federal agency—the authority
to issue a vaccine mandate.


Indeed, a majority of the Senate even voted to disapprove OSHA’s regulation."
Anonymous Coward (OP)
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01/13/2022 04:11 PM
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Re: Understanding and Breaking Down the Supreme Court Ruling on OSHA Mandates ----- Key Parts --- Everyone Should Be Proud and Empowered
Justice Gorsuch also states OHSA was clearly trying to regulate outside of the workplace, which is a huge red-flag violation of its powers.


Justice Gorsuch concurring: page 11/30


The Court rightly applies the major questions doctrine
and concludes that this lone statutory subsection does not
clearly authorize OSHA’s mandate.
See ante, at 5–6. Section 655(c)(1) was not adopted in response to the pandemic, but some 50 years ago at the time of OSHA’s creation. Since then, OSHA has relied on it to issue only comparatively modest rules addressing dangers uniquely prevalent inside the workplace, like asbestos and rare chemicals.
Anonymous Coward (OP)
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Re: Understanding and Breaking Down the Supreme Court Ruling on OSHA Mandates ----- Key Parts --- Everyone Should Be Proud and Empowered
Justice Gorsuch concurring:


"As the agency itself explained to a federal court less than two years ago, the statute does “not authorize OSHA to issue sweeping health standards” that affect workers’ lives outside the workplace. Brief for Department of Labor, In re: AFL–CIO, No. 20–1158, pp. 3, 33 (CADC 2020). Yet that is precisely what the agency seeks to do now—regulate not just what happens inside the workplace but induce individuals to undertake a medical procedure that affects their lives outside the workplace. " abomb Huge cannon right here BOOOM!
Anonymous Coward (OP)
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01/13/2022 04:12 PM
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Re: Understanding and Breaking Down the Supreme Court Ruling on OSHA Mandates ----- Key Parts --- Everyone Should Be Proud and Empowered
Justice Gorsuch concurring:


"Historically, such matters have been regulated at the state level by authorities who enjoy broader and more general governmental powers. Meanwhile, at the federal level, OSHA arguably is not even the agency most associated with public health regulation. And in the rare instances when Congress has sought to mandate vaccinations, it has done so expressly. E.g., 8 U. S. C.
§ 1182(a)(1)(A)(ii). We have nothing like that here."
Anonymous Coward
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01/13/2022 04:16 PM
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Re: Understanding and Breaking Down the Supreme Court Ruling on OSHA Mandates ----- Key Parts --- Everyone Should Be Proud and Empowered
The same should hold true for children in schools .
Anonymous Coward (OP)
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01/13/2022 04:19 PM
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Re: Understanding and Breaking Down the Supreme Court Ruling on OSHA Mandates ----- Key Parts --- Everyone Should Be Proud and Empowered
The same should hold true for children in schools .
 Quoting: Anonymous Coward 80320766


Now that they have made this monumental decision, lawyers, and lower courts will decide how to further interpret their decision, but it will result in a tsunami of lawsuits of companies that have overstepped their authorities. Can you say massive court clogging?


Final State by Justice Gorsuch. Historic Opinion that will go down in history. siren2

"The question before us is not how to respond to the pandemic, but who holds the power to do so. The answer is
clear: Under the law as it stands today, that power rests
Cite as: 595 U. S. ____ (2022) 7
with the States and Congress, not OSHA. In saying this
much, we do not impugn the intentions behind the agency’s
mandate. Instead, we only discharge our duty to enforce
the law’s demands when it comes to the question who may
govern the lives of 84 million Americans. Respecting those
demands may be trying in times of stress. But if this Court
were to abide them only in more tranquil conditions, declarations of emergencies would never end and the liberties
our Constitution’s separation of powers seeks to preserve
would amount to little."
Anonymous Coward
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01/13/2022 04:23 PM
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Re: Understanding and Breaking Down the Supreme Court Ruling on OSHA Mandates ----- Key Parts --- Everyone Should Be Proud and Empowered
No doubt the Democrats have an army of lawyers trying to find another route to backdoor this tyranny.

They did it for obamacare and they'll try and do it for vax mandates. They just can't use OSHA to push it this time.

While it's a win for freedom, this is far from over.
Anonymous Coward (OP)
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01/13/2022 04:24 PM
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Re: Understanding and Breaking Down the Supreme Court Ruling on OSHA Mandates ----- Key Parts --- Everyone Should Be Proud and Empowered
In case, people haven't grasped the full impact of this ruling it was a historically political decision, that frankly saved us from Civil unrest, and maybe even a civil war. It also neutered so many liberals today, including their own 3 liberal justices it's not even funny. Even the 3 dissents say they didn't dissent what was in the ruling today, but something else.


We are absolutely living in a historic moment.
EyesWideShut14

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01/13/2022 04:24 PM
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Re: Understanding and Breaking Down the Supreme Court Ruling on OSHA Mandates ----- Key Parts --- Everyone Should Be Proud and Empowered
I still have to test weekly at my job in Texas.
Weyoun

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01/13/2022 04:25 PM
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Re: Understanding and Breaking Down the Supreme Court Ruling on OSHA Mandates ----- Key Parts --- Everyone Should Be Proud and Empowered
I still have to test weekly at my job in Texas.
 Quoting: EyesWideShut14


What's your job? Isn't that banned in Texas?
Anonymous Coward
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01/13/2022 04:26 PM
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Re: Understanding and Breaking Down the Supreme Court Ruling on OSHA Mandates ----- Key Parts --- Everyone Should Be Proud and Empowered
These scum allowed this too ...
The vaccine mandate for healthcare workers vote was 5-4 with Thomas, Alito, Gorsuch, and Barrett in dissent, which means Roberts and Kavanaugh joined liberal justices in allowing the HHS mandate on healthcare workers to stand.

What was needed was a firm affirmation that the government has no right to force people to take injections.

That didn't happen. From the ruling:
Permitting OSHA to regulate the hazards of daily life - simply because most Americans have jobs and face those same risks while on the clock - would significantly expand OSHA’s regulatory authority without clear congressional authorization.

So, basically, they're saying that if Congress were to "authorize" it, then it could stand.
Disenfranchised Godzilla1980
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01/13/2022 04:26 PM

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Re: Understanding and Breaking Down the Supreme Court Ruling on OSHA Mandates ----- Key Parts --- Everyone Should Be Proud and Empowered
The same should hold true for children in schools .
 Quoting: Anonymous Coward 80320766


Now that they have made this monumental decision, lawyers, and lower courts will decide how to further interpret their decision, but it will result in a tsunami of lawsuits of companies that have overstepped their authorities. Can you say massive court clogging?
 Quoting: Mangia


Yep and companies are either gonna have to either find some middle of the road solution or be inundated with lawsuits to the point companies may fold
For the ACs..there is NOTHING that you can do to me on this platform..you can throw all the insults you want won’t do a thing because IDGAF
Anonymous Coward
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01/13/2022 04:26 PM
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Re: Understanding and Breaking Down the Supreme Court Ruling on OSHA Mandates ----- Key Parts --- Everyone Should Be Proud and Empowered
In case, people haven't grasped the full impact of this ruling it was a historically political decision, that frankly saved us from Civil unrest, and maybe even a civil war. It also neutered so many liberals today, including their own 3 liberal justices it's not even funny. Even the 3 dissents say they didn't dissent what was in the ruling today, but something else.


We are absolutely living in a historic moment.
 Quoting: Mangia


There were millions of Americans ready to go to war over this. That's for sure.
EyesWideShut14

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01/13/2022 04:28 PM
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Re: Understanding and Breaking Down the Supreme Court Ruling on OSHA Mandates ----- Key Parts --- Everyone Should Be Proud and Empowered
I still have to test weekly at my job in Texas.
 Quoting: EyesWideShut14


What's your job? Isn't that banned in Texas?
 Quoting: Weyoun


A county employee. The vax was but but sadly the weekly testing wasn’t banned by the governor
Anonymous Coward
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01/13/2022 04:28 PM
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Re: Understanding and Breaking Down the Supreme Court Ruling on OSHA Mandates ----- Key Parts --- Everyone Should Be Proud and Empowered
Blah blah blah. Companies will now fire the unvaxxed.
Anonymous Coward (OP)
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01/13/2022 04:28 PM
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Re: Understanding and Breaking Down the Supreme Court Ruling on OSHA Mandates ----- Key Parts --- Everyone Should Be Proud and Empowered
No doubt the Democrats have an army of lawyers trying to find another route to backdoor this tyranny.

They did it for obamacare and they'll try and do it for vax mandates. They just can't use OSHA to push it this time.

While it's a win for freedom, this is far from over.
 Quoting: Anonymous Coward 75153117


They can have all the fucking idiot lib-tard lawyers combined, but the Supreme court made it very clear today.


Obviously, you don't understand caselaw just because this ruling was OSHA-related doesn't mean it is a synonymous ruling for OSHA cases.


This is the silver-bullet/caselaw lawyers have been waiting for to shoot the big-bad wolf, and use it they will.
Anonymous Coward (OP)
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01/13/2022 04:31 PM
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Re: Understanding and Breaking Down the Supreme Court Ruling on OSHA Mandates ----- Key Parts --- Everyone Should Be Proud and Empowered
These scum allowed this too ...
The vaccine mandate for healthcare workers vote was 5-4 with Thomas, Alito, Gorsuch, and Barrett in dissent, which means Roberts and Kavanaugh joined liberal justices in allowing the HHS mandate on healthcare workers to stand.

What was needed was a firm affirmation that the government has no right to force people to take injections.

That didn't happen. From the ruling:
Permitting OSHA to regulate the hazards of daily life - simply because most Americans have jobs and face those same risks while on the clock - would significantly expand OSHA’s regulatory authority without clear congressional authorization.

So, basically, they're saying that if Congress were to "authorize" it, then it could stand.
 Quoting: Anonymous Coward 79094923


Not anymore it can't, they already ruled. Congress missed its chance. lmao!

They also made it clear here by telling all these tards that it needs to be sorted out on the state level now, but after this monumental ruling, the lib-tards got neutered, so they don't stand a chance in any courts now. lmao! "Historically, such matters have been regulated at the state level by authorities who enjoy broader and more general governmental powers. Meanwhile, at the federal level, OSHA arguably is not even the agency most associated with public health regulation. And in the rare instances when Congress has sought to mandate vaccinations, it has done so expressly. E.g., 8 U. S. C.
§ 1182(a)(1)(A)(ii). We have nothing like that here."


Talk about schooling the governing body of idiots, and telling them in a legal way they are 100% incompetent. It was brilliant. abomb
Truth2free

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01/13/2022 04:31 PM
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Re: Understanding and Breaking Down the Supreme Court Ruling on OSHA Mandates ----- Key Parts --- Everyone Should Be Proud and Empowered
I still have to test weekly at my job in Texas.
 Quoting: EyesWideShut14


Even OSHA would have allowed for medical and religious exemptions from testing and masks. Why not submit a religious exemption?
Anonymous Coward
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01/13/2022 04:34 PM
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Re: Understanding and Breaking Down the Supreme Court Ruling on OSHA Mandates ----- Key Parts --- Everyone Should Be Proud and Empowered
In case, people haven't grasped the full impact of this ruling it was a historically political decision, that frankly saved us from Civil unrest, and maybe even a civil war. It also neutered so many liberals today, including their own 3 liberal justices it's not even funny. Even the 3 dissents say they didn't dissent what was in the ruling today, but something else.


We are absolutely living in a historic moment.
 Quoting: Mangia


Stop Using the C.W. phrase - because you are using it wrong.


citizens vs citizens = C.W.

citizens vs authority = what happened April 19, 1775 – September 3, 1783
EyesWideShut14

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01/13/2022 04:35 PM
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Re: Understanding and Breaking Down the Supreme Court Ruling on OSHA Mandates ----- Key Parts --- Everyone Should Be Proud and Empowered
I still have to test weekly at my job in Texas.
 Quoting: EyesWideShut14


Even OSHA would have allowed for medical and religious exemptions from testing and masks. Why not submit a religious exemption?
 Quoting: Truth2free


I’m not sure what kind of religious exemption to come up with to not test. They want to know the specific religion.
Anonymous Coward
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01/13/2022 04:35 PM
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Re: Understanding and Breaking Down the Supreme Court Ruling on OSHA Mandates ----- Key Parts --- Everyone Should Be Proud and Empowered
the supreme court said since congress didnt give osha those powers they cannot side with them.
Head2Bunkers

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01/13/2022 04:38 PM

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Re: Understanding and Breaking Down the Supreme Court Ruling on OSHA Mandates ----- Key Parts --- Everyone Should Be Proud and Empowered
Blah blah blah. Companies will now fire the unvaxxed.
 Quoting: Anonymous Coward 77080852


and face a million lawsuits...just admit it, this is big news for us anti-vaxxers...sorry you're a loser
Disenfranchised Godzilla1980
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01/13/2022 04:40 PM

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Re: Understanding and Breaking Down the Supreme Court Ruling on OSHA Mandates ----- Key Parts --- Everyone Should Be Proud and Empowered
Blah blah blah. Companies will now fire the unvaxxed.
 Quoting: Anonymous Coward 77080852


and face a million lawsuits...just admit it, this is big news for us anti-vaxxers...sorry you're a loser
 Quoting: Head2Bunkers


This..so either they have to drop it, find some middle ground solution or go belly up from lawsuits
For the ACs..there is NOTHING that you can do to me on this platform..you can throw all the insults you want won’t do a thing because IDGAF
WhiskeyBunker

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01/13/2022 04:42 PM
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Re: Understanding and Breaking Down the Supreme Court Ruling on OSHA Mandates ----- Key Parts --- Everyone Should Be Proud and Empowered
What about healthcare workers?

I am hearing this doesnt effect them and they must still be vaccinated.


Is that correct?
Disenfranchised Godzilla1980
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01/13/2022 04:42 PM

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Re: Understanding and Breaking Down the Supreme Court Ruling on OSHA Mandates ----- Key Parts --- Everyone Should Be Proud and Empowered
I do have a question. Does this stop states from doing it as well?
For the ACs..there is NOTHING that you can do to me on this platform..you can throw all the insults you want won’t do a thing because IDGAF
Anonymous Coward
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01/13/2022 04:42 PM
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Re: Understanding and Breaking Down the Supreme Court Ruling on OSHA Mandates ----- Key Parts --- Everyone Should Be Proud and Empowered
I still have to test weekly at my job in Texas.
 Quoting: EyesWideShut14


What's your job? Isn't that banned in Texas?
 Quoting: Weyoun


Texas only opposed government vax mandates. They never once tried to stop the mandates for private business.
Disenfranchised Godzilla1980
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01/13/2022 04:43 PM

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Re: Understanding and Breaking Down the Supreme Court Ruling on OSHA Mandates ----- Key Parts --- Everyone Should Be Proud and Empowered
What about healthcare workers?

I am hearing this doesnt effect them and they must still be vaccinated.


Is that correct?
 Quoting: WhiskeyBunker


It effects the ones that are working for federally funded healthcare agencies
For the ACs..there is NOTHING that you can do to me on this platform..you can throw all the insults you want won’t do a thing because IDGAF
Anonymous Coward
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01/13/2022 04:43 PM
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Re: Understanding and Breaking Down the Supreme Court Ruling on OSHA Mandates ----- Key Parts --- Everyone Should Be Proud and Empowered
I do have a question. Does this stop states from doing it as well?
 Quoting: Disenfranchised Godzilla1980


This only stops the Federal Government. If you live in a Blue State you are still hosed.
Anonymous Coward (OP)
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01/13/2022 04:44 PM
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Re: Understanding and Breaking Down the Supreme Court Ruling on OSHA Mandates ----- Key Parts --- Everyone Should Be Proud and Empowered
Blah blah blah. Companies will now fire the unvaxxed.
 Quoting: Anonymous Coward 77080852


and face a million lawsuits...just admit it, this is big news for us anti-vaxxers...sorry you're a loser
 Quoting: Head2Bunkers


This..so either they have to drop it, find some middle ground solution or go belly up from lawsuits
 Quoting: Disenfranchised Godzilla1980


Let's put it this way. Companies that mandated are collective and legally shitting themselves currently. Emergency meetings are going on as we speak for damage control.
Anonymous Coward
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01/13/2022 04:44 PM
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Re: Understanding and Breaking Down the Supreme Court Ruling on OSHA Mandates ----- Key Parts --- Everyone Should Be Proud and Empowered
Thanks for the great summary, OP!





GLP