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Tuesday, December 21, 2021

Post #5488 Rant of the Day: Stay Lifted on Appeal For Biden's OSHA Vaccine Mandate

 I've made it very clear in numerous posts that I'm pro-vaccine, that I think, short of any physical tolerance issues (e.g., allergies) in getting a shot, I think it's a moral imperative, not just for one's own health, but for others you meet and could potentially spread the virus to, including those who cannot be vaccinated and others with complicated health issues. I have personally taken all 3 Pfizer doses, including the booster. At least 3 nephews and niece have caught COVID, and the spouses and/or children of the two married ones also caught it. The niece's parents-in-law also recently caught COVID (not from them, who got it months back), and her mother-in-law just died from complications.  This is serious, and I encourage any readers who have not been inoculated or boosted against COVID-19 to do so; don't gamble on the fatal advice of scientifically-challenged antivaxxer COVIDIOTs.

There are a number of issues I have with Biden's vaccine mandate. First, with over 70% of adults vaccinated, I suspect most workers are already vaccinated, and arguing most workers ate in "grave danger" is ludicrous; yes, new variants like omicron are more contagious and current vaccines are less effective against minor infections but seem to hold up against serious illness and death; with boosters, results are more effective. The OSHA requirement only applies to large employers, and I've seen no evidence that unvaccinated workers at large employers are driving the pandemic. Second, employers are in a better position to evaluate workplace safety and are vested in their employees' health. Third, states, not the federal government, have the traditional responsibility for public health security. Fourth, I don't believe OSHA constitutionally has the authority to make this unprecedented regulation. (For a more nuanced take on the court's decision, see here).

Last Friday a 3-member panel  (versus en banc review) from the Sixth Court of Appeals ruled 2-1 to lift an injunction staying enforcement of the OSHA  mandate. The decision,  of course, will be appealed to SCOTUS. While it's hard to predict how SCOTUS will rule, I suspect this will end the same way Biden's unconstitutional eviction moratorium.