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The Supreme Court on Thursday blocked the Biden administration’s vaccine mandate for employers with at least 100 employees.

On November 4, the Occupational Health and Safety Administration (OSHA) ordered all companies with at least 100 employees to ensure that they were either vaccinated against COVID-19 or tested weekly. The order was immediately met with opposition, including from The Daily Wire, which was the first business to sue the Biden administration in the Sixth Circuit.

This was the first time since 1970 that the Supreme Court heard a case over a stay, and the majority of justices signaled their opposition to the rule during hearings last Friday.

On Thursday, the Supreme Court blocked the vaccine mandate in a 6-3 decision, with all conservative justices concurring, and the three liberal justices dissenting.

Read the decision and the majority opinion below:

The Secretary of Labor, acting through the Occupational Safety and Health Administration, recently enacted a vaccine mandate for much of the Nation’s work force. The mandate, which employers must enforce, applies to roughly 84 million workers, covering virtually all employers with at least 100 employees. It requires that covered workers receive a COVID–19 vaccine, and it pre-empts contrary state laws. The only exception is for workers who obtain a medical test each week at their own expense and on their own time, and also wear a mask each workday. OSHA has never before imposed such a mandate. Nor has Congress. Indeed, although Congress has enacted significant legislation addressing the COVID–19 pandemic, it has declined to enact any measure similar to what OSHA has promulgated here.

Many States, businesses, and nonprofit organizations challenged OSHA’s rule in Courts of Appeals across the country. The Fifth Circuit initially entered a stay. But when the cases were consolidated before the Sixth Circuit, that court lifted the stay and allowed OSHA’s rule to take effect. Applicants now seek emergency relief from this Court, arguing that OSHA’s mandate exceeds its statutory authority and is otherwise unlawful. Agreeing that applicants are likely to prevail, we grant their applications and stay the rule.

Congress enacted the Occupational Safety and Health Act in 1970. 84 Stat. 1590, 29 U. S. C. §651 et seq. The Act created the Occupational Safety and Health Administration (OSHA), which is part of the Department of Labor and under the supervision of its Secretary. As its name suggests, OSHA is tasked with ensuring occupational safety— that is, “safe and healthful working conditions.” §651(b). It does so by enforcing occupational safety and health standards promulgated by the Secretary. §655(b). 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 for a public hearing. §655(b).

The Act contains an exception to those ordinary noticeand-comment procedures for “emergency temporary standards.” §655(c)(1). Such standards may “take immediate effect upon publication in the Federal Register.” Ibid. They are permissible, however, only 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.” Ibid. Prior to the emergence of COVID–19, the Secretary had used this power just nine times before (and never to issue a rule as broad as this one). Of those nine emergency rules, six were challenged in court, and only one of those was upheld in full. See BST Holdings, L.L.C. v. Occupational Safety and Health Admin., 17 F. 4th 604, 609 (CA5 2021).

On September 9, 2021, President Biden announced “a new plan to require more Americans to be vaccinated.” Remarks on the COVID–19 Response and National Vaccination Efforts, 2021 Daily Comp. of Pres. Doc. 775, p. 2. As part of that plan, the President said that the Department of Labor would issue an emergency rule requiring all employers with at least 100 employees “to ensure their workforces are fully vaccinated or show a negative test at least once a week.” Ibid. The purpose of the rule was to increase vaccination rates at “businesses all across America.” Ibid. In tandem with other planned regulations, the administration’s goal was to impose “vaccine requirements” on “about 100 million Americans, two-thirds of all workers.” Id., at 3.

After a 2-month delay, the Secretary of Labor issued the promised emergency standard. 86 Fed. Reg. 61402 (2021). Consistent with President Biden’s announcement, the rule applies to all who work for employers with 100 or more employees. There are narrow exemptions for employees who work remotely “100 percent of the time” or who “work exclusively outdoors,” but those exemptions are largely illusory. Id., at 61460. The Secretary has estimated, for example, that only nine percent of landscapers and groundskeepers qualify as working exclusively outside. Id., at 61461. The regulation otherwise operates as a blunt instrument. It draws no distinctions based on industry or risk of exposure to COVID–19. Thus, most lifeguards and linemen face the same regulations as do medics and meatpackers. OSHA estimates that 84.2 million employees are subject to its mandate. Id., at 61467.

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9 Comments
  • G Gray says:

    Health care workers and first responders should have their constitutional rights to choose whether they want to be vaccinated or not. It s their lives and their choice.

  • Randie says:

    Very interesting and corrupt. Three liberal judges lied and don’t even have the knowledge about the vaccines to make any decision at all!

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    ‘Sorry. Not Beautiful’: Jordan Peterson Blasts Sports Illustrated Over Plus-Sized Swimsuit Issue Cover Model

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    Dr. Jordan Peterson blasted Sports Illustrated Monday for featuring a plus-sized model on the cover of its annual Swimsuit Issue.

    “Sorry. Not beautiful,” Peterson remarked on Twitter in response to a New York Post headline about Yumi Nu, who was announced as the cover model for Sports Illustrated’s 2022 Swimsuit Issue. “And no amount of authoritarian tolerance is going to change that.”

    Peterson illustrated his objection in response to a Twitter user who criticized him. “It’s a conscious progressive attempt to manipulate & retool the notion of beauty, reliant on the idiot philosophy that such preferences are learned & properly changed by those who know better … but don’t let the facts stop you,” Peterson fired back at the user.

    Peterson also included links to two scientific studies in his reply: the first one, published in the journal Infant Behavior and Development in 1998, showed that babies spent more time looking at faces judged to be attractive by adults; the second, a 2009 study published in the journal Evolution and Human Behavior, found that more attractive women had more children than their less attractive counterparts, while the least attractive men had less children than every other group of men, who had roughly the same number of children, indicating that physical attractiveness may be related to reproductive success rates.

    Peterson’s tweet came in response to a New York Post interview with Nu, who will appear as one of the cover models of the 2022 Swimsuit Issue, along with model, socialite, and television personality Kim Kardashian, model and singer Ciara, and model Maye Musk, the mother of Tesla and SpaceX CEO Elon Musk. The 25-year-old Nu is of Dutch and Japanese ancestry. She is the granddaughter of Rocky Aoki, the founder of the Benihana chain of restaurants, and the niece of DJ Steve Aoki.

    In the interview, Nu expressed her excitement at the opportunity and described herself as a champion of body and race diversity. “It’s amazing. I’m on cloud nine,” she told the Post. “This is nothing I could prepare for. It’s unexpected. I feel like we’re in a place right now where people are making space for more diversity on magazine covers. It’s a big time for Asian-American people in media. I know I play a big role in representation in body diversity and race diversity, and I love to be a role model and representative of the plus-size Asian community.”

    The 2022 Swimsuit Issue is Nu’s first appearance on the cover, but not her first in the issue itself, as she was previously featured in last year’s issue. She is also the first Asian plus-sized model to appear on the cover. Sports Illustrated drew controversy when it featured plus-sized model Ashley Graham on the cover of the issue in 2016. Graham’s appearance has since become a trend. Plus-sized model Hunter McGrady, dubbed the “curviest model ever,” appeared on the cover in 2020. In the Post interview, Nu said that both Graham and McGrady were inspirations for her.

    The swimsuit issue also includes a number of race and body diversity firsts, including the first breast cancer survivor to appear in the issue, the first indigenous woman, and a NASA physicist, as well as the first woman to reveal a C-section scar in her photo for the issue.

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    Police Investigating Arby’s Manager For Child Porn Find Video Of Him Peeing In Milkshake Mix

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    Police investigating an Arby’s night manager in Vancouver, Washington, on suspicion of obtaining and distributing child pornography discovered a video of him urinating in milkshake mix last October.

    The Vancouver Police Department executed a search warrant on Stephen Sharp last week, where they obtained the disturbing footage. Sharp later confessed to urinating in milkshake mix on at least two occasions, claiming he did it for sexual gratification.

    “The alleged actions of the former franchised employee are abhorrent and unacceptable,” an Arby’s spokesperson told KTTV. “We have taken immediate action with the franchise group who terminated the former employee and is fully cooperating with the authorities in their investigation.”

    Sharp reportedly told police that he was “almost sure” he threw out the bag of milkshake mix he had urinated in. “The affidavit states Sharp said he was working alone in the restaurant that night and that he did it for sexual gratification,” The Columbian reported. “He told detectives that if he didn’t throw the bag away, it would have been added to other mix by the next shift and served to people, court records state.”

    The Clark County Public Health Director Dr. Alan Melnick assured the public that there is no “significant health risk to consuming a drink contaminated with urine,” according to The Columbian.

    Police are now asking for anyone who bought a milkshake at the Arby’s location on October 30 or 31 to contact the department.

    “Police are asking if you purchased a milkshake from the Arby’s located at 221 NE 104 Ave, Vancouver WA on October 30 & 31, 2021 and you have a receipt or verified transaction information to confirm the purchase, please contact Detective Robert Givens,” a press release from the Vancouver Police stated.

    According to The Columbian, another manager at the restaurant said they sold between 30 and 40 milkshakes on October 30. Police found no evidence that the corporation or the franchise owner knew about Sharp’s “abhorrent” actions.

    A search of Sharp’s phone turned up “dozens of photos and videos depicting the sexual exploitation of children,” Vancouver police said.

    Sharp was arrested and charged with four counts of Possession of Depictions of Minor Engaged in Sexually Explicit Conduct and four counts of Dealing Depictions of Minor Engaged in Sexually Explicit Conduct and Assault II.

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    One Dead, Multiple People Injured in California Church Shooting — UPDATE: Shooter is 68 Year-Old Asian Man

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    One person was dead and several others injured during a shooting took place at a California church on Sunday, cops said.

    Sheriff’s deputies in Orange County responded to a report of a shooting at the Geneva Presbyterian Church on El Toro Road in Laguna Woods at around 2 p.m. local time.

    The sheriff’s department said that one person was in custody and they have obtained a weapon that they believe was used in the shooting.

    “Four victims have been critically wounded, one with minor injuries,” the Orange County Sheriff’s Department wrote on Twitter. “All victims are adults and are enroute to the hospital. One victim is deceased at the scene.”

    It was not immediately clear what the shooter’s motive may have been.

    NBC Los Angeles reports police arrived on scene at Laguna Woods’ Geneva Presbyterian Church to find that congregants hog-tied an alleged shooter with an extension cord.

    The incident takes place one day after a white supremacist killed 10 people during a shooting at a supermarket in Buffalo.

    UPDATE — Shooter is 68 year-old Asian man:

    A law enforcement source said officials believe the suspect was a 68-year-old Asian man who is originally from Las Vegas. No other details were available.

    The victims were described as mostly Asian and mostly of Taiwanese descent, authorities said.

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    Clarence Thomas Has New Message Over ‘Tremendously Bad’ Roe v. Wade Leak

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    U.S. Supreme Court Justice Clarence Thomas has called the shocking leak of the draft Roe v. Wade opinion a major violation of trust that has “fundamentally” changed the high court.

    Thomas made the remarks at a May 13 conference in Dallas, Texas, in which he decried the leak of a draft Supreme Court opinion suggesting that the court is poised to overturn Roe v. Wade, with major implications for access to abortion.

    “I do think that what happened at the court is tremendously bad,” he said, referring to the May 2 leak of the opinion to Politico, adding that some time ago it would have been unthinkable for even “one line of one opinion” to have been disclosed without authorization.

    The Supreme Court has confirmed the authenticity of the draft opinion, but has called it preliminary. A ruling in the case is expected in June.

    Chief Justice John Roberts has ordered a probe into the leak. Thomas said its unauthorized disclosure undercut confidence in the Supreme Court and its internal processes.

    “When you lose that trust, especially in the institution that I’m in, it changes the institution fundamentally,” he said. “You begin to look over your shoulder. It’s like kind of an infidelity that you can explain it, but you can’t undo it.”

    “I wonder how long we’re going to have these institutions at the rate we’re undermining them,” Thomas said, echoing earlier remarks in which he expressed concern about a “different attitude of the young” toward respect for institutions and the law, suggesting that this is on the decline relative to past generations.

    Thomas was also critical of liberal protests outside the homes of conservative Supreme Court justices.

    “You would never visit Supreme Court justices’ houses when things didn’t go our way. We didn’t throw temper tantrums. I think it is … incumbent on us to always act appropriately and not to repay tit for tat,” he said.

    Besides pickets in front of the homes of several conservative justices, a flurry of protests and counterprotests broke out outside the Supreme Court after Politico obtained and published the draft opinion that would uphold a Mississippi law banning abortions after 15 weeks of pregnancy and overturn the Roe v. Wade decision that legalized abortion nationwide.

    The protests have been loud, but mostly peaceful, though there have been reports that pro-abortion activists have attacked pro-life pastors.

    In a bid to prevent violence, police have surrounded the Supreme Court with a set of 9-foot-high metal barricades, with an officer telling an Epoch Times reporter that the move was made “just in case.”

    Speaking at a May 6 judicial conference in Atlanta, Thomas said that government institutions must not allow themselves to be strong-armed into delivering outcomes that people demand.

    “We are becoming addicted to wanting particular outcomes, not living with the outcomes we don’t like,” he said, according to Reuters.

    “We can’t be an institution that can be bullied into giving you just the outcomes you want.”

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    Feds Launch Probe: FBI Interviews Parents of Alleged Buffalo Supermarket Shooter

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    The FBI is interviewing accused Buffalo shooter Payton Gendron’s parents, who both work as civil engineers with the state Department of Transportation, according to law-enforcement sources and online records.

    The couple, Paul and Pamela Gendron, are cooperating with investigators, sources added to AP.

    Photos at the home Sunday showed agents sifting through items in a large shed on the property.

    Payton, 18,is accused of traveling about 200 miles from the family’s home in Conklin, NY, to the Buffalo Tops Friendly Market on Saturday afternoon, when he launched a slaughter that killed 10 people. Payton specifically researched neighborhood’s demographics to target a predominantly black community, sources have said.

    The teen was a former student at Broome County Community College, where he aspired to be an engineer like his parents, according to ABC News.

    Terry Place, who lives a few doors down from the Gendrons in Conklin, said his family had occasional typical neighborly interactions with the shooter’s parents — and only really remembered Payton as their old paperboy.

    “We spoke to her a couple times here and there,” Terry Place said of Pamela Gendron, who was known to take morning walks along their quiet street in recent years.

    A preliminary investigation found that Payton had repeatedly visited sites espousing white supremacist ideologies and race-based conspiracy theories and extensively researched the 2019 mosque shootings in Christchurch, New Zealand, and the man who killed dozens of people at a summer camp in Norway in 2011, authorities have said.

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    Top Democrat In U.S. Senate Race In Pennsylvania Hospitalized After Suffering Stroke

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    The leading Democrat candidate in the U.S. Senate race out of Pennsylvania was hospitalized late last week after suffering a stroke.

    John Fetterman, who is currently the state’s lieutenant governor, made the revelation in a statement that he released on Sunday afternoon.

    “On Friday, I wasn’t feeling well, so I went to the hospital to get checked out,” he said. “I didn’t want to go — I didn’t think I had to — but Gisele insisted, and as usual, she was right.”

    “I hadn’t been feeling well, but was so focused on the campaign that I ignored the signs and just kept going,” he continued. “On Friday it finally caught up with me. I had a stroke that was caused by a clot from my heart being in an A-fib rhythm for too long. Fortunately, Gisele spotted the symptoms and got me to the hospital within minutes.”

    “The amazing doctors here were able to quickly and completely remove the clot, reversing the stroke, they got my heart under control as well,” he concluded. “It’s a good reminder to listen to your body and be aware of the signs.”

    The statement did not reveal whether or not he was still in the hospital.

    Fetterman has a commanding lead over his next closest Democrat challenger in the race.

    On the Republican side, candidates Dr. Mehmet Oz and former hedge fund executive David McCormick are in a tight race for the nomination.

    Fetterman holds far-left views on subjects like abortion, where he has stated that he does not believe that there should be any limits on abortion.

    “Abortions are going to continue in America whether it is legal or not. They just won’t be safe, if they are illegal, and we can’t ever go back to that. We just can’t.”

    Asked if there were “any limitations on abortion” that he would “find appropriate,” Fetterman responded, “I don’t believe so, no.”

    Fetterman has faced renewed controversy over an incident that happened years ago when he chased down a black man and pulled a gun on him and detained the him until police arrived, thinking that the man had been involved in a shooting.

    NBC News reported:

    It turned out that the man was jogging and wearing running clothes. According to a police report, the manwas unarmed and said the sound of gunfire was actually fireworks, although two witnesses thought they heard shots.

    The man Fetterman pulled a gun on is Black. Fetterman — the mayor of the Pittsburgh-area borough of Braddock at the time and now the state’s lieutenant governor — is white. Fetterman, 52, said he couldn’t tell the jogger’s race initially because of how he was bundled up in the winter cold.

    “He’s not shooting straight on this, no pun intended. Just ‘fess up. Apologize,” said Michael Nutter, Philadelphia’s last Black mayor, who is neutral in the Senate primary. “All this other stuff — that he was the chief law enforcement officer or that he didn’t know the guy was Black — just doesn’t really sound like he wants to tell the truth. It’s not helping him. Figuratively speaking, he’s shooting himself in the foot, and he doesn’t have to.”

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    Bezos Torches Biden Again Over Dubious Claim About His Administration’s Accomplishments

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    Amazon founder Jeff Bezos slammed Democrat President Joe Biden on Sunday for trying to claim that his administration had lowered the deficit amid skyrocketing inflation.

    Bezos’ remarks come after the Bureau of Labor Statistics released statistics last week that showed that the Consumer Price Index increased 8.3% in April from a year ago, which is higher than the projected 8.1%.

    “Under my predecessor, the deficit increased every single year,” Biden claimed over the weekend on Twitter. “This year, we’re on track to cut the deficit by $1.5 trillion – the biggest one-year decline ever. It matters to families, because reducing the deficit is one of the main ways we can ease inflationary pressures.”

    The Neoliberal Project responded to Biden’s tweet by writing: “This is so silly. The deficit is decreasing because we’re not doing pandemic aid anymore, and federal receipts are up because of inflation. Congress, or the Biden administration, didn’t do anything to lower the deficit.”

    Bezos responded to the Neoliberal Project’s tweet and accused Biden of again trying to deceive the public.

    “In fact, the administration tried hard to inject even more stimulus into an already over-heated, inflationary economy and only Manchin saved them from themselves,” Bezos wrote. “Inflation is a regressive tax that most hurts the least affluent. Misdirection doesn’t help the country.”

    Bezos took aim at Biden late last week too after Biden again tweeted about inflation.

    “You want to bring down inflation?” Biden tweeted. “Let’s make sure the wealthiest corporations pay their fair share.”

    Bezos responded several hours later, writing: “The newly created Disinformation Board should review this tweet, or maybe they need to form a new Non Sequitur Board instead.”

    “Raising corp taxes is fine to discuss. Taming inflation is critical to discuss,” Bezos continued. “Mushing them together is just misdirection.”

    The Wall Street Journal noted the current wave of high inflation rates has multiple causes that are primarily linked to the coronavirus pandemic.

    “Consumers have been flush with savings from government stimulus programs and depressed services spending as a result of restrictions on businesses, leading them to open the spigot for goods that are in scarce supply,” the report said.

    The report noted that supply chain disruptions, which have been an issue throughout the pandemic, have worsened with the war in Eastern Europe and China going into lockdown again because of a rise in coronavirus cases.

    “Energy prices, including gasoline, have gone up. Truck drivers, seaport slots and warehouse spaces are all in short supply, leading to costly delays and rising shipping rates for goods,” the report continued. “Fewer workers are in the labor market, encouraging those who are working to demand raises. And low interest rates from the Federal Reserve have made borrowing cheaper, making big purchases more attractive.”

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