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USSC OSHA Ruling Watch: Day 3

Posted on 1/10/22 at 4:49 am
Posted by Lsut81
Member since Jun 2005
83553 posts
Posted on 1/10/22 at 4:49 am
to, to, today junior….

The court already screwed potentially millions of workers by not doing what they should have done prior to today…. I hope nobody went out yesterday and started the jab regimen based off of their lack of urgency.

However, most had to submit papers to the Gestapo by EOD yesterday. Offices wanted to know since masking starts this morning if unvaxed
Posted by TigeretteHUB
Member since Jan 2022
102 posts
Posted on 1/10/22 at 4:51 am to
Will not comply.
Posted by colbycovington
Ruston
Member since Jan 2020
2092 posts
Posted on 1/10/22 at 5:02 am to
Would not be surprised either way.

USSC has ruled for mandates every step along the way, not sure why this would be any different unfortunately.
Posted by td01241
Savannah
Member since Nov 2012
27664 posts
Posted on 1/10/22 at 5:05 am to
Will come down to ACB and Kavabaw. I think it’s pretty obvious where all the others stand.
Posted by burger bearcat
Member since Oct 2020
10300 posts
Posted on 1/10/22 at 5:09 am to
I really would love to know what they are conflicted over. I will say this, Kagan, Breyer, a nd Soto are idiots, but can see them being loud and angry and trying to intimidate ACB and Kav who seem mild and milqtoaste. This is very basic, just read the 9th and 10th ammendment, and its obvious.
Posted by Dirk Dawgler
Georgia
Member since Nov 2011
3800 posts
Posted on 1/10/22 at 5:39 am to
I think they already ruled to uphold by 5-4. It is much harder to write an opinion that circumvents The Constitution so they are trying to make it appear as legit as possible. If Thomas, Alito, or Gors were writing it would have been clear cut and done before the vote was even done and put out yesterday.
Posted by Big4SALTbro
Member since Jun 2019
22354 posts
Posted on 1/10/22 at 5:40 am to
ACB and Kavabaw look like two absolute dud picks by Trump so far. Let’s see if they can redeem themselves.
Posted by Lsut81
Member since Jun 2005
83553 posts
Posted on 1/10/22 at 6:12 am to
Hope we get something this morning.
Posted by PhDoogan
Member since Sep 2018
14977 posts
Posted on 1/10/22 at 6:59 am to
quote:

ACB and Kavabaw look like two absolute dud picks by Trump so far.


I agree. But having some faith on them, and Roberts, for this one, for purely legal reasons.

Holding firm on earlier predictions.

Props Lsut81 for staying on top of this.
Posted by Privateer 2007
Member since Jan 2020
7633 posts
Posted on 1/10/22 at 7:03 am to
Wasn't ACB raising questions as to "when the emergency ends???"

I'd say she is wary of a never ending situation that's a government power grab.
Posted by FlyingTiger1955
Member since Jan 2019
5765 posts
Posted on 1/10/22 at 7:10 am to
The fact that they have screwed the workers means that the Court will uphold the mandates. Roberts will probably find some argument that it is a tax and authorized by the tax code.
Posted by tigafan4life
Member since Dec 2006
50575 posts
Posted on 1/10/22 at 7:13 am to
I’m not masking. frick that.

And I have no faith they will oust a stay on the mandate now.
This post was edited on 1/10/22 at 7:16 am
Posted by MFn GIMP
Member since Feb 2011
22669 posts
Posted on 1/10/22 at 7:32 am to
quote:

The fact that they have screwed the workers means that the Court will uphold the mandates. Roberts will probably find some argument that it is a tax and authorized by the tax code.


I never had any faith that they would issue a stay or rule the mandate unconstitutional. I am shocked they haven't yet issued a decision on the stay though. It was requested so you would that they would need to issue a ruling on that request, even if it's denied, before the mandate went into effect.
Posted by Lsut81
Member since Jun 2005
83553 posts
Posted on 1/10/22 at 7:35 am to
quote:

It was requested so you would that they would need to issue a ruling on that request


In all honestly, the plantiff's did a terrible job stressing the urgency... They asked multiple times throughout why the urgency.

The second attorney didn't say until the very end when he finally said "In order to be vaxed by the 2/10 deadline, people have to start first doses on Monday... So need to know before then"
Posted by Lsut81
Member since Jun 2005
83553 posts
Posted on 1/10/22 at 7:38 am to
They also did a terrible job of rebutting the wise latina's asinine comment about "this isn't a vax mandate"


Yes it is, a majority of companies dont have the means to manage weekly testing, so they say vax is the only option. Its a backdoor way to mandate, just like the admin has said over and over again.
Posted by tigafan4life
Member since Dec 2006
50575 posts
Posted on 1/10/22 at 7:40 am to
The work around.
Posted by DarthRebel
Tier Five is Alive
Member since Feb 2013
24457 posts
Posted on 1/10/22 at 7:40 am to
quote:

In all honestly, the plantiff's did a terrible job stressing the urgency...


Not that I have faith in them doing the right thing, but the justices know these minor details.

We should not act they come into these proceedings clueless.
Posted by BenDover
Member since Jul 2010
5544 posts
Posted on 1/10/22 at 7:41 am to
Soto Breyer and Kagan are for sure voting to uphold. ACB had great concerns regarding the scope of the mandate and Kav seemed to be the only judge actually there to hear arguments on the constitutionality of the mandates which is encouraging. Roberts also was surprisingly open to hearing arguments against it.

I think (hope might be the better word) they’ll rule 6-3 to grant the stay. The CMS one seems like a 95% chance to remain in place.
Posted by Golftro
Member since Sep 2013
2 posts
Posted on 1/10/22 at 7:42 am to
WSJ Mandate Obsolete
A beautiful read! Comments are awesome as well.
Posted by tigafan4life
Member since Dec 2006
50575 posts
Posted on 1/10/22 at 7:42 am to
Then why not say what the ruling is before the mandate takes effect?!
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