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re: USSC OSHA Ruling Watch: Day 3

Posted on 1/10/22 at 1:15 pm to
Posted by angryslugs
Member since Apr 2008
11309 posts
Posted on 1/10/22 at 1:15 pm to
quote:

My company denied my Religious Exemption, and snarkily refused an appeal on the issue. That slimey HR POS was enjoying himself in our conversation too, and he tried to condescend my beliefs. I'm currently on unpaid leave waiting for the SCOTUS decision, which hopefully comes in my favor. Stand up for what you believe in people!!!



On what grounds? I'd contact a lawyer ASAP and my HR rep would know about it.
Posted by Oates Mustache
Member since Oct 2011
25779 posts
Posted on 1/10/22 at 1:16 pm to
Yikes. So my boy forwarded me the email from that industry group that he had previously invited me to attend. Their take on Thursday sounded positive about a full stay being issued.

Today, their tone has changed, again. They believe that if the court intended to issue a stay, it would do so no later than today. Pushing it to Thursday makes them think they'll uphold it.

They also said that they believe that if it remains, OSHA will move quickly to make examples out of a few companies in order to get everyone else to fall in line. They said OSHA has really limited resources and will want to make a strong point.

I'm beginning to think that these guys are kind of flip-floppy.
Posted by Revelator
Member since Nov 2008
61996 posts
Posted on 1/10/22 at 1:17 pm to
quote:

I've got a REALLY serious problem with this. Who TF is your HR department to determine the legitimacy of your religious beliefs?



It’s very sad when a bedrock constitutional right like religious freedom has to take a backseat to an emergency OSHA mandate put in place by an executive order!
Posted by VoxDawg
Glory, Glory
Member since Sep 2012
74530 posts
Posted on 1/10/22 at 1:20 pm to
quote:

every day we put off the mandate, another 100,000 workers will die

With 750M cases in the US, that's mild
Posted by Indefatigable
Member since Jan 2019
35459 posts
Posted on 1/10/22 at 1:21 pm to
quote:

I'm beginning to think that these guys are kind of flip-floppy.

Can't blame them at this point. Trying to read SCOTUS tea leaves for something like this is all but impossible.

quote:

They believe that if the court intended to issue a stay, it would do so no later than today.

My gut would agree with this line of thinking though. If its just going to be an order(s) on the stay(s), I feel like it would have happened already.

quote:

if it remains, OSHA will move quickly to make examples out of a few companies in order to get everyone else to fall in line. They said OSHA has really limited resources and will want to make a strong point.
Agree with that too. It is basically OSHA's only option if they are going to try and enforce it. They don't have the manpower to do so thoroughly and consistently--and they never will
This post was edited on 1/10/22 at 1:23 pm
Posted by DeathValley85
Member since May 2011
18697 posts
Posted on 1/10/22 at 1:25 pm to
Can't believe it might come down to keeping my job or taking a vaccine that doesn't work...
Posted by Boodis Man
Member since Sep 2020
6987 posts
Posted on 1/10/22 at 1:32 pm to
either way its gonna be a win for the good guys as voters will despise biden and democrats if this mandate goes through.
Posted by laxtonto
Member since Mar 2011
2694 posts
Posted on 1/10/22 at 1:36 pm to
We say that this should be a simple order and it should be easily dropped, but we all know both sides of this will want to write up their rationale...

Regardless of what the outcome is, there is no reason to really expect this to be a quick answer because it is either going to establish a sweeping set of new avenues that will need to be clarified in the bureaucracy or it is going to need an explicit justification and framework of why this is wrong and a path to guarantee that there won't be any additional attempts for a work around.

Posted by Indefatigable
Member since Jan 2019
35459 posts
Posted on 1/10/22 at 1:37 pm to
quote:

Regardless of what the outcome is, there is no reason to really expect this to be a quick answer because it is either going to establish a sweeping set of new avenues that will need to be clarified in the bureaucracy or it is going to need an explicit justification and framework of why this is wrong and a path to guarantee that there won't be any additional attempts for a work around.


They can easily sidestep/kick the merits down the road and rule only on the stays. In fact that is what I expect to happen if I had to guess.
Posted by Jon Ham
Member since Jun 2011
29506 posts
Posted on 1/10/22 at 1:38 pm to
(no message)
This post was edited on 1/11/22 at 7:30 am
Posted by loogaroo
Welsh
Member since Dec 2005
39130 posts
Posted on 1/10/22 at 1:43 pm to
Which court's ruling is enforced right now until we hear something?
Posted by Oates Mustache
Member since Oct 2011
25779 posts
Posted on 1/10/22 at 1:43 pm to
What industry Jon?
Posted by Jon Ham
Member since Jun 2011
29506 posts
Posted on 1/10/22 at 1:57 pm to
quote:

Which court's ruling is enforced right now until we hear something?


6th Circuit.
Posted by Jon Ham
Member since Jun 2011
29506 posts
Posted on 1/10/22 at 1:57 pm to
quote:

What industry Jon?


Prefer not to say.
Posted by Oates Mustache
Member since Oct 2011
25779 posts
Posted on 1/10/22 at 1:58 pm to
Gotcha. I wasn't fishing, just curious.
Posted by Lsut81
Member since Jun 2005
83553 posts
Posted on 1/10/22 at 1:58 pm to
quote:

6th Circuit.


Which I don’t understand how one appeals circuit can overrule another.
Posted by loogaroo
Welsh
Member since Dec 2005
39130 posts
Posted on 1/10/22 at 1:59 pm to
quote:

6th Circuit.


That's bullshite.
Posted by grizzlylongcut
Member since Sep 2021
14136 posts
Posted on 1/10/22 at 2:01 pm to
quote:

Shannon Bream just said the announcement of a decision will be delivered Thursday.


That is government in a fricking nutshell right there.
Posted by Indefatigable
Member since Jan 2019
35459 posts
Posted on 1/10/22 at 2:03 pm to
quote:

Which I don’t understand how one appeals circuit can overrule another.

Ordinarily they cannot. However in certain instances where similar matters appear across circuits, they are consolidated into one action. That action is heard a single circuit, chosen randomly (it was the Sixth this time).
Posted by Lsut81
Member since Jun 2005
83553 posts
Posted on 1/10/22 at 2:06 pm to
Which I understand consolidating, but should be prior to a circuit making a decision.
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