Friday, January 7, 2022

Last Night, A Silly Supremes Brief Was Filed -- On Why The Vax Standard Should Fall: Openly Ignores That Federal Appellate Courts Rule OVER Trial Ones.


Perhaps realizing that the ship is sinking on them, the ever-intrepid BST Holdings legal team filed a "supplemental authority" brief overnight, before the Supremes. The incompetent pandering there. . . is embarrassing, to be honest.

In it, the team suggested that now eleven courts have found deficiencies with the federal OSHA and HHS vaccine standards. [To be clear, there were no surprises at the Supremes today, at argument -- and so, the regulations will stand, Condor confidently predicts.]

But. . . almost as footnote, the BST lawyers mention that in the only appellate courts (the bosses!) to squarely rule, the score is 2-0, in favor of the rules' legitimacy. I won't link it (on my own server -- here it is as a temporary link on the Supremes' site) -- but I will note that citing trial court judges primarily appointed by Trump or Reagan is no way to win at the Supremes, in the face of the conservative Sixth Circuit coming out the other way. To say nothing of the actual OSHA statute. Hilarious:

. . .Only two courts have examined these mandates on the likelihood of success on the merits and declined to issue an injunction. See In re: MCP No. 165, Occupational Safety and Health Administration, Interim Final Rule: Covid-19 Vaccination and Testing; Emergency Temporary Standard 86 Fed. Reg. 61402, 2021 U.S. App. LEXIS 37349 (6th Cir. Dec.17, 2021) (dissolving the 5th Circuit OSHA mandate stay); Florida v. HHS, No. 21-14098-JJ, 2021 U.S. App. LEXIS 35998 (11th Cir. Dec. 6, 2021) (healthcare workers mandate).

As things stand today, four of the five vaccine mandates are currently enjoined [Ed. Note: this is a false statement of the current, applicable law]. The OSHA mandate is the last man standing. The Sixth Circuit broke with this extensive line of authority when it decided to vacate the Fifth Circuit’s stay. . . .


Well. . . that's just silly. Now travel well sir:



नमस्ते

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