Monday, November 15, 2021

The Ultimate Work-Around

 Earlier, we talked about the 5th Circuit ruling extending the stay on the OSHA vaccine mandate.  We linked the opinion, and when I wrote the post I gave it a cursory reading.  I noticed, but failed to understand the significance of a particular footnote.  Link to the opinion here.

13 On September 9, 2021, White House Chief of Staff Ron Klain retweeted MSNBC anchor Stephanie Ruhle’s tweet that stated, “OSHA doing this vaxx mandate as an emergency workplace safety rule is the ultimate work-around for the Federal govt to require vaccinations.” See, e.g., Pet’rs Burnett Specialists, Choice Staffing, LLC, and Staff Force Inc.’s Reply Brief at 4 (emphasis added).

The Chief of Staff of former vice president Biden is learning the same lesson that former president Trump learned.   Twitter can backfire on you.

1 comment:

Jonathan H said...

He also needs to check his history - the last time OSHA tried an ETS was in 1983, because they lost badly in court then - as they probably will now.
OSHA is less powerful than many people think, and in the last decade their wings have been clipped by courts numerous times.
So far no legislature, state or national, has passed any CV related restrictions. ALL of them are edicts from governors, mayor's, etc.
If this administration wants legitimacy, they need to approach Congress... Which they won't do because they know it won't pass!