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27 minutes ago, we_gotta_believe said:

That's basically what they're implying...

"In that statutory subsection, Congress authorized OSHA to issue "emergency” regulations upon determining that "employees are exposed to grave danger from exposure to substances or agents determined to be toxic or physically harmful” and "that such emergency standard and are necessary to protect employees from such danger” According to  the agency, this provision supplies it with "almost unlimited discretion” to mandate new nationwide rules in response to the pandemic so long as those rules are "reasonably related” to  workplace safety.  86 Fed. Reg. 61402, 61405 (2021) (internal quotation marks omitted).     The Court rightly applies  the major questions doctrine and concludes that this lone statutory subsection does not clearly authorize OSHA’s mandate.

HIGHLIGHTS OF THE OPINION (if you disagree, I suggest you review the dissent)

Such standards must be "reasonably necessary or appropriate to provide safe or healthful employment.” §652(8) (emphasis added). They must also be developed using a rigorous process that includes notice, comment, and an opportunity fora public hearing. §655(b).

Emergency temporary standards are only allowed in "the narrowest of circumstances: the Secretary must show (1) "that employees are exposed to grave danger from exposure to substances or agents determined to be toxic or physically harmful or from new hazards,” and (2) that the "emergency standard is necessary to protect employees from such danger.”" 

Applicants are likely to succeed on the merits of their claim that the Secretary lacked authority to impose the mandate. Administrative agencies are creatures of statute.They accordingly possess only the authority that Congress has provided. The Secretary has ordered 84 million Americans to either obtain a COVID–19 vaccine or undergoweekly medical testing at their own expense. This is no "everyday exercise of federal power.” In re MCP No. 165, 20 F. 4th, at 272 (Sutton, C. J., dissenting). It is instead a significant encroachment into the lives—and health—of a vast number of employees. "We expect Congress to speak clearly when authorizing an agency to exercise powers of vast economic and political significance.” Alabama Assn. of Realtors v. Department of Health and Human Servs., 594 U. S. ___, ___ (2021)

The question, then, is whether the Act [OSHA] plainly authorizes the Secretary’s mandate. It does not. The Act empowers the Secretary to set workplace safety standards, not broad public health measures.

It is telling that OSHA, in its half century of existence, has never before adopted a broad public health regulation of this kind—addressing a threat that is untethered, in any causal sense, from the workplace. This "lack of historical precedent,” coupled with the breadth of authority that the Secretary now claims, is a "telling indication” that the mandate extends beyond the agency’s legitimate reach.

The equities do not justify withholding interim relief. We are told by the States and the employers that OSHA’s mandate will force them to incur billions of dollars in unrecoverable compliance costs and will cause hundreds of thousands of employees to leave their jobs.

Although Congress has indisputably given OSHA the power to regulate occupational dangers, it has not given that agency the power to regulate public health more broadly. Requiring the vaccination of 84 million Americans, selected simply because they work for employers with more than 100 employees, certainly falls in the latter category.

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  • Captain F
    Captain F

    Im home! Pulse ox on room air in the mid 90s. Feeling much better! Thank you for all of the well wishes.  I tested negative on Thursday and again this morning.  F u covid, you can suck muh deek

  • Captain F
    Captain F

    Hey everyone.  Im still in the hospital.  No ventilator.  No visitors.  Breathing treatments multiple times a day. Chest xrays every other day. Pulse oxygen is 89% with a nonrebreather mask running fu

  • Update  Surgery was a success. Mom has been home since this afternoon. Some pain, but good otherwise and they got the entire tumor.  Thanks all for the well wishes and prayers. 

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1 hour ago, mr_hunt said:

guess the unvaxxed uggos i work with will have to continue wearing masks. :ph34r:

Right now that is a better tool for preventing spread in any case. If they use quality and not useless cloth. 

Our local Fox affiliate showed a story on the news, of doctors and nurses stating that there are more patients then available beds and that they are full of unvaccinated Covid Patients who are suffering with severe symptoms. This is the real problem. The unvaccinated are keeping Covid alive. 

53 minutes ago, JohnSnowsHair said:

May be an image of text that says 'A covid patient coded and passed. This is how his family thanked us for doing everything possible for trying to keep his unvaccinated butt alive. Team Lead: Ext: Today's Date My Room: Killkol staya xperience? Preferred make KatmTw ও Assistant: Phyician(s): room was cleaned Tilie Data: WHAT YOU HAVE SCHEDULED SuDoGter HOME TODAY Get încrease Actuity goal for oday: RAPID RESPONSE DIAL 200 Response PURPOSEFUL ROUNDING ONICODONE FOOD AND testing ot BODy PAN ccito liquids Medication: effects: Medication: Side effects: provid expectations every encounte yday. all patient and amily'

Outrageous, it's no surprise what their political affiliations are? They blame the hospital, not the unvaccinated. Typical.

47 minutes ago, we_gotta_believe said:

The vast majority of deaths in 2021 are from the unvaccinated. It's definitely Biden's fault idiots are refusing to take a life saving vaccine. This logic is sound and indisputable.

All of the deaths from 2020 were from the unvaccinated. Your point has nothing to do with my point, or his really, so go bite someone else’s ankles.

45 minutes ago, Boogyman said:

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Since Neanderthal DNA is at about 1-2% in modern European and Asian humans, James will need to narrow it down a bit

 

 

:policedancegif:

8 minutes ago, paco said:

Since Neanderthal DNA is at about 1-2% in modern European and Asian humans, James will need to narrow it down a bit

 

 

:policedancegif:

:eyerollgif: :thisdudetrystoohardgif: :pacogot5%ofmyDNAinhiseyegif:

1 hour ago, The_Omega said:

Yet still managed to have more people die on his watch than Trump.  Great job.

But like half died WITH Covid, right? So they don't count.

37 minutes ago, The_Omega said:

All of the deaths from 2020 were from the unvaccinated. Your point has nothing to do with my point, or his really, so go bite someone else’s ankles.

Covid didn't really start until halfway through March. Most early deaths were April. 

8 minutes ago, JohnSnowsHair said:

But like half died WITH Covid, right? So they don't count.

image.gif.9e62df88311d8afa9c35d6cdaa1fdf24.gif

12 hours ago, Toastrel said:

Colloquium: Machine Learning at Facebook | Center for Statistics and  Machine LearningHe is diligent about his research.

How cute but no.

On the other hand I'd put your intellect somewhere between facebook responses and the panhandle of Florida.

I'm literally impressed that it would  appear you can type and are aware of the interweb. 

 

2 hours ago, Boogyman said:

:eyerollgif: :thisdudetrystoohardgif: :pacogot5%ofmyDNAinhiseyegif:

:unsure: 

3 hours ago, JohnSnowsHair said:

Covid didn't really start until halfway through March. Most early deaths were April. 

That's not true.  Covid was here in Jan. 2020.

1 minute ago, Procus said:

That's not true.  Covid was here in Jan. 2020.

First Covid deaths didn't start until February, and in no significant numbers until late March and April.

3 hours ago, JohnSnowsHair said:

But like half died WITH Covid, right? So they don't count.

How many died from the repercussions of lockdowns and crazy restrictions?  How many suicides?  How many patients with cancer who didn't get their treatment because the friggin hospitals were closed?  How many heart attacks that wouldn't have happened - can go on and on.

You people have blood on your hands in the name of Covid.

15 minutes ago, Procus said:

How many died from the repercussions of lockdowns and crazy restrictions?  How many suicides?  How many patients with cancer who didn't get their treatment because the friggin hospitals were closed?  How many heart attacks that wouldn't have happened - can go on and on.

You people have blood on your hands in the name of Covid.

You're cuckoo.

Just now, JohnSnowsHair said:

You're cuckoo.

These are the people you support.  They're despicable.  Who is really cuckoo?

https://justthenews.com/politics-policy/health/federal-government-caused-monoclonal-antibody-shortage-says-medical-supplies

Federal government caused monoclonal antibody shortage, says medical supplies CEO

The CEO said the current government-controlled process "is not the solution and isn't working."

3 hours ago, JohnSnowsHair said:

First Covid deaths didn't start until February, and in no significant numbers until late March and April.

The first attributed death was early January now.

https://www.nytimes.com/2021/09/09/health/first-covid-deaths.html

 

4 hours ago, xzmattzx said:

The first attributed death was early January now.

https://www.nytimes.com/2021/09/09/health/first-covid-deaths.html

 

Ok. That doesn't change the fact that the number of deaths attributed to Covid through around mid-March was a tiny trickle. Statistically insignificant. As a nation we weren't dealing with the pandemic in any real way until mid-March.

My wife was in Puerto Rico the first week of March for a conference. The week before we ended up at the hospital. We were there only people in the emergency room and were in and out inside 90 minutes.

As a public health crisis about 80% of 2020 was impacted by Covid. 

By the way some of you posture here in CVON,  you had better be careful, you clearly dont have that much to give up...

 

:roll:

 

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10 hours ago, JohnSnowsHair said:

You're cuckoo.

 

10 hours ago, Procus said:

These are the people you support.  They're despicable.  Who is really cuckoo?

https://justthenews.com/politics-policy/health/federal-government-caused-monoclonal-antibody-shortage-says-medical-supplies

Federal government caused monoclonal antibody shortage, says medical supplies CEO

The CEO said the current government-controlled process "is not the solution and isn't working."

Just to be clear- you guys are claiming that the other is so weak, they let their wives have multiuple partners while they have to watch? 

:roll:

@paco

Image

You have to admit, these are pretty good.

Image

Where is all this severe illness and death I was promised? :lol: 

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