I listened to the oral argument in the OSHA mandate cases today. I’m in a bit of a quandary about how to comment. (Before I go any further, let me remind the Gentle Reader that I am not a lawyer; I’m an engineer, and I’m not your engineer.) As multiple commentators have pointed out, Justices Breyer, Sotomayor, and Kagan made several factual statement that were simply wrong. It is possible for vaccinated individuals to catch and spread covid. There aren’t now—nor has there be across the entire pandemic—100,000 acute pediatric cases. The omicron variant is not deadlier than the delta.
I suppose it is possible that being kept in a bubble by handler/clerks could explain a certain level of ignorance, but when the cat’s so far out of the bag even outlets such as NPR are having to begin truthful reporting, it’s hared to imagine those justice really believe what they were saying.
If they do believe what they said, that’s kinda scary.
If they don’t believe it and said it anyway, that’s even scarier.
A federal judge has issued a preliminary injunction placing the Xiden Administration’s vaccine mandate for federal contractors on hold. The injunction applies throughout the country.
Accordingly, the Court ORDERS that Defendants are ENJOINED, during the pendency of this action or until further order of this Court, from enforcing the vaccine mandate for federal contractors and subcontractors in all covered contracts in any state or territory of the United States of America.
The lawless CMS Mandate requiring over 10 million healthcare providers to be vaccinated against Covid ran aground on a preliminary injunction covering Missouri and its partner states in the Missouri, et al. v. Biden, et al. This evening, Judge Terry Doughty granted a preliminary injunction in Louisiana, et al, v. Biden, et al., which covers the entire country.
[T]he U.S. Department of Health and Human Services and the Center for Medicare and Medicaid Services, along with their directors, employees, Administrators and Secretaries are hereby ENJOINED and RESTRAINED from implementing the CMS Mandate set forth in 86 Fed. Reg. 61555-01 (November 5, 2021) as to all healthcare providers, suppliers, owners, employees, and all others covered by said CMS Mandate.
Somethings are proceeding better than I have foreseen.
Another example of the Xiden Administration’s lawless overreach has been put on hold by a federal judge. District Judge Matthew Schelp has issued a Memorandum Order in Missouri, et al., v. Biden, et al., relating to the vaccine mandate issued by the Centers for Medicare and Medicaid Service—
IT IS HEREBY ORDERED that Defendants are preliminarily enjoined from the implementation and enforcement of 86 Fed. Reg. 61,555 (Nov. 5, 2021), the Interim Final Rule with Comment Period entitled “Medicare and Medicaid Programs; Omnibus COVID-19 Health Care Staff Vaccination,” against any and all Medicare- and Medicaid-certified providers and suppliers within the States of Alaska, Arkansas, Iowa, Kansas, Missouri, Nebraska, New Hampshire, North Dakota, South Dakota, and Wyoming pending a trial on the merits of this action or until further order of this Court. Defendants shall immediately cease all implementation or enforcement of the Interim Final Rule with Comment Period as to any Medicare- and Medicaid- certified providers and suppliers within the States of Alaska, Arkansas, Iowa, Kansas, Missouri, Nebraska, New Hampshire, North Dakota, South Dakota, and Wyoming.