Justice Sotomayor denies Biden Rule is Vaccine Mandate, Despite Clear OSHA Language

Supreme Court Justice Sonya Sotomayor aggressively pushed back on the term “vaccine mandate” during a Friday hearing on the Biden administration’s contested COVID-19 regulations outlined by the Occupational Safety and Health Administration (OSHA).

“There’s no requirement here. It’s not a vaccine mandate. It’s something totally different. And I don’t know how much clearer than six fifty-one Congress could have been,” Sotomayor said during the oral arguments.

This appears to be tapping into a claim that, because the mandate allows for mandatory vaccinations to be substituted by weekly testing, it is therefore not a mandate.

OSHA has said it is part of its Vaccination and Testing Emergency Temporary Standard (ETS), which covers employers with 100 or more employees.

“The ETS requires covered employers to establish, implement, and enforce a written mandatory COVID-19 vaccination policy with an exception for employers that instead establish, implement, and enforce a written policy that requires unvaccinated employees to undergo weekly COVID-19 testing and wear a face covering at the workplace instead of vaccination.”

Scott Keller, representing the National Federation of Independent Business, argued that the OSHA regulations had originally been passed to protect workers from unvaccinated coworkers, and were now obsolete due to CDC guidance contradicting foundational assumptions” of the regulations.

Sotomayor quickly snapped back, saying, “Yes, that may be true, but we are now having deaths at an unpressed amount, catching COVID keeps people out of the workplace for extraordinary periods of time.”

The SCOTUS justice went on to compare safety regulations protecting from workplace hazards to mandates countering human illness with mandated treatment.

“And there have been proof and certain industries like the medical industry that when vaccines are mandated – and there’s no mandate here for a vaccine – there is a masking mandate no different than there is when we tell people that if there are sparks flying in the workplace where you have workers have to be provided, will have to wear a mask.”

“So that’s no different in my mind than this,” she added.

Upholding a stay on President Biden’s workplace vaccine mandate, a federal appeals court ruled in November that White House chief of staff Ron Klain’s retweet of an MSNBC journalist’s Twitter post was an endorsement of her claim about a mandate “work-around,” according to a report. 

On Sept. 9, Klain retweeted MSNBC anchor Stephanie Ruhle’s post that said, “OSHA doing this vaxx mandate as an emergency workplace safety rule is an ultimate work-around for the Federal govt to require vaccinations.” 

The Fifth Circuit Court of Appeals mentioned the retweet in its decision reaffirming its stay on Biden’s mandate following a legal challenge from Texas and several other states, according to a Reuters reporter. 

Fox News’s Adam Shaw contributed to this report.

Original Article: https://www.foxnews.com/politics/sotomayor-denies-biden-rule-vaccine-mandate-despite-osha-language

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23 comments

  1. Hard to imagine that Justice Sotomayor didn’t bother to have her staff do the necessary research about something THIS important before she opened her mouth !!!!!!!! But it seems that she STILL BELIEVES that she MUST take EVERYTHING that the Democrats lie about, as the gospel truth !!!!!!!!
    How embarrassing !!!!!!!!!!!!!!!

  2. This woman should definitely not be on the HIGHEST COURT IN OUR LAND……She needs to be sent to a RE-EDUCATION CAMP!

  3. I guess that decision was a prerequisite to get her a third Martini at the party with Pelosi and Schumer.

  4. Well there ya go according to SCJ Soto Mayor it’s not a Biden Mandate… Then Stop Firing People and destroying Military Careers by enforcing it! Jus Sayin..

  5. this fits right in with her recent claim that there were 100,000 children in hospitals with the virus. Seems the real number, per the CDC, is 3500 just a tad off the mark, for her, pretty good

  6. I wonder what Sotomayor had for dinner when the democrats took out to eat the other night?

  7. She is against the Constitution (which she swore to protect) and the people of this country. Additionally, she is very ignorant of our laws and her role. She is a disgrace, but just remember how she got there!

    • I work for a company with a little over 100 employees.
      In our weekly safety meeting a couple of weeks ago we’re told if you choose to NOT get vaccinated you could get tested each week at the Wednesday Clinic. If you are vaccinated and wanted to get tested you could get it also with no charge. The only mandatory thing was if you test positive you must stay home for ten days,no exceptions. Once the isolation period was up you needed to test again and test negative. So I don’t see the you must get Vaccinated requirement. I have an option to NOT get Vaccinated or Vaccinate. There are only eight ppl who test every week. Three of those are out this week with the virus.
      Go Figure.

  8. I guess that’s all it takes for a vote, is a dinner paid for by the socialist democrats. Nothing like bribing the justices.

  9. I missed this. Was Sotomayor wearing her Bozo the Clown outfit when she announced this?

  10. Leftists like her ALWAYS deny reality.

  11. Given who it was who nominated this ‘wise Latina’ to the bench, it is not surprising that she appears to be a very dull knife.

  12. Just another example of how much the Democratic Socialist Communist Party is going control over the live of the Citizens of the United States. They are successfully making sheep out of us. Wake Up Americans.

  13. Remember, marxists always redefine language to fit their narratives. And no matter how wrong they are when you point it out, they act like you are the crazy one.

  14. Another O”Bummer appointee.

  15. She is neither stupid or ignorant. It’s her way of gathering the UNINFORMED/UNDERINFORMED/MISINFORMED & the UNDERDEVELOPED BRAINS. Those who follow FAUXCI & SOCOMS like her will believe her lies.

    • She is in direct violation if her oath of office. No one can force – mandate this vaccines and mandates. The only ones getting the virus are vaccinated and boistered. Natural immunity is ignored. All of tgese politicians are in violation of our Constitutional right.

  16. How stupid can one justice be ?????? The other justices must be embarrassed to be around and have to work with such an idiot

  17. A low information justice. That in it’s self is bad…for us. She was spewing lies, muck like killer Joe does. It hard to to take these asshole seriously.

  18. She is a embarrassment to the courts everywhere never have i seen a Supreme court Justice so misinformed or just so far left that she believes everything the dem o rats tell her

  19. I haven’t seen a lib case that went before the Supreme Court sotomayor didn’t vote for. The Constitution means absolutely nothing to her, like the rest of the democrats she wants to change our Constitution, she NEVER RULES BASED ON OUR CONSTITUTION, she rules based on how she wants it to be. I am ecstatic she made a complete and utter fool of herself and her incompetence is out there for the whole country to see. What also makes me so happy is thinking of her day after day seeing her name in the headlines, on tv shows doing segments on her, people receiving political emails about her and tweets all saying she’s incompetent and 4 Pinocchio’s from a LIB PAPER. Oh happy days

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