Gov. DeSantis warns of vaccine mandate ‘hiccup’ on 6th Circuit
Image via AP.

DeSantis ap
DeSantis wanted the full court to review the OSHA case.

A case challenging the Occupational Safety and Health Administration’s vaccine mandates will not be heard immediately by the full U.S. Court of Appeals for the 6th Circuit and Gov. Ron DeSantis is warning that will result in a potential “hiccup.”

Specifically, DeSantis fears the uncertainty of a three-judge panel, set to hear the case ahead of a potential full court review.

“People should just be prepared. It is on the three-judge panel. You could potentially see a hiccup before we ultimately get what I think will be a favorable decision,” DeSantis said in Ocala Friday at an event highlighting COVID-19 treatment.

The Governor does not think the court will ultimately rule in OSHA’s favor, but does worry a three-judge panel, “which may not be representative of the full court,” could temporarily reinstate the mandate, which is stayed for the time being.

“I was surprised at that. You could end up with what I consider an adverse ruling on the panel,” DeSantis warned. “And then it maybe goes to the full court, and then the rule is ruled to be unconstitutional. But I’m confident of the ultimate result. How you get there is a little bit of a curveball.”

“Who knows, they could lift the stay on this. I hope not,” DeSantis added. “I’m not predicting that. But I think it’s something that didn’t need to necessarily go there.”

DeSantis offered similar warnings at another news conference Thursday, saying he was a “little bit surprised” and “disappointed” to see the court’s 8-8 vote to refer the case to a three-judge panel, even though that’s its custom.

With the composition of that three-judge panel in doubt, DeSantis warned Thursday the stay on the OSHA vaccine mandate could be lifted, at least for a time.

“But you know, there’s a lot that could potentially be riding on this, and if they were to reverse the stay or reverse the injunction, boy,” the Governor said in Yulee.

The rule would affect major companies in the new year, compelling companies with at least 100 employees to require full vaccination or weekly testing for those deemed not fully vaccinated.

Keith Wilkes, a labor and employment partner/shareholder at the national law firm Hall Estill, has been fielding calls from employers about the announcement.

“The Sixth Circuit Opinion sets-up a showdown at the U.S. Supreme Court, and definitely moves the odds in favor of the OSHA ETS prevailing at the end of the day,” Wilkes said.

Florida banned employer vaccine mandates, but much of the country has not.

A.G. Gancarski

A.G. Gancarski has written for FloridaPolitics.com since 2014. He is based in Northeast Florida. He can be reached at [email protected] or on Twitter: @AGGancarski


44 comments

  • Alex

    December 17, 2021 at 1:30 pm

    He knows it’s a temporary reprieve for the irresponsible lies he tells his base,, and it’s just a matter of time until his dangerous nonsense comes to an end.

    Tick- tock

    The SCOTUS just turned away a challenge to New York’s mandate, and it was based on religious grounds no less.

    The simple fact is government has the clear power to protect public health.

    • Tom

      December 17, 2021 at 9:11 pm

      Unfortunately, we can’t protect ourselves from you, peter h weasel, Frankie, science disbeliever, red Sonja, fish wanda, JD. TJB, ocean and other Manchurians.

      • Bravo

        December 20, 2021 at 3:52 pm

        Just like most liberals, you are yet again, incorrect ma’am.

    • RPrior

      December 18, 2021 at 3:33 am

      The illegally elected regime has zero power

      • Alex

        December 18, 2021 at 7:02 am

        Too bad your only evidence of it is from a bunch of serial liars.

        • Ralph Malph

          December 18, 2021 at 10:46 am

          Donnie, is that you?

        • john bushell

          December 20, 2021 at 7:15 pm

          To bad Biden has not come down with the virus. The ultimate irony would be if the old prick died from it. The fact is this. The vaccinated are the MOST vulnerable to catching the virus. And the profiteering vaccine pharms know it!

      • Russell Chartier

        December 18, 2021 at 8:49 am

        Seems like someone would have uncovered that evidence by now.

      • John Lysek

        December 18, 2021 at 11:27 am

        Of course DeSantis has no power, he is just putting on a show for the trumptards, they love it.

      • cow

        December 18, 2021 at 2:14 pm

        funny even trump judges roll their eyes at the insanity of that claim when yalls entire evidence is “some other right wingers on facebook told us it was true”

    • Kirk Patrick

      December 18, 2021 at 5:37 am

      Biden mandated the “vaccine” September 9.
      The CDC redefined the word “vaccine” September 15.
      Nice try. You are a fraud. Talk about a liar.

    • Anthony Griffith

      December 18, 2021 at 7:36 am

      Which explains why New Yorkers are fleeing to Florida in droves..

    • Warren

      December 18, 2021 at 3:25 pm

      No not really. According to the Supreme Court, the only time that a vaccine can be forced on someone is if the the vaccine prevents transmission, and if the person has the opportunity to opt out by paying a”small fine”

      and that was in a case that didn’t come from the federal government, and that was decided before the Court applied the bill of rights to the states. Because of this the Court has never decided on the constitutional merits of it.

    • William Cooper

      December 18, 2021 at 8:14 pm

      People like you need to re-educated on what the word “UNCONSTITUTIONAL” means. Dipshit.

      • Your Mama

        December 21, 2021 at 1:27 pm

        And you need to learn how to spell if you’re going to make a pathetic attempt to lash out at someone. I have YET to meet a happy liberal. I guess communism is not a happy lifestyle.

        Liberals are the disease.

  • Jason G.

    December 18, 2021 at 4:27 am

    Hopefully, courts will rule that government can enforce simple rules that can effect progress in getting our economies on our feet again, especially in a dynamic economy like Florida’s!

    • Kirk Patrick

      December 18, 2021 at 5:38 am

      You call mandating 330M people are routinely injected with foreign substances “simple rules”?

      • Count Iblis

        December 18, 2021 at 5:56 am

        The government can also reinstate the military draft should it be needed. So, to defend the country, it is allowed for the government to sent people to a warzone where they could get killed.

        If you compare this to the vaccine mandate then there are a number of differences. The draft is compulsory, if you fail to comply with the draft, you’ll be arrested and get convicted to a jail term. The vaccine mandate, in contrast, only applies to employees of companies employing more than 100 people. Also, you’ll have the option to not get vaccinated and instead submit to getting frequently tested and wearing a mask.

        Finally, the side effects of getting vaccinated are even in the most serious cases for the mRNA vaccines not as severe as the worst adverse outcomes of serving in the army in a warzone.

        • Tom

          December 18, 2021 at 8:19 am

          Your analogy indicates you know nothing about the military, the draft or the experimental gene therapy jabs. The biggest part of your ignorance is comparing a hypothetical reinstating of the draft (a responsibility of Congress – not Joe Brandon) – ended in 1973 – AND our country again sending draftees into harm’s way (which, since the all-volunteer force has proven far superior to the draft force in every way – is so remote as to be laughable) with the reality of the constitutional issues relative to these poison jabs. There is NO scientific evidence to support the claims by the people who make the crap (and others who stand to benefit from the “sale”) that any of the shots are even marginally “effective” at reducing infections and deaths NOR are they safe. If you are actually interested in learning the facts behind my assertions, as opposed to just flapping your gums to impress your equally ignorant friends, read Robert Kennedy Jr’s book: The Real Anthony Fauci. I expect you won’t bother with well-documented facts – but – thought it worth a try.

          • Princeton Paup

            December 18, 2021 at 12:57 pm

            yet you’ll be first in line to shoot up with bleach or horse venom because the radical GOP has you drinking the koolaide….

          • cow

            December 18, 2021 at 2:16 pm

            “There is NO scientific evidence to support the claims by the people who make the crap (and others who stand to benefit from the “sale”) that any of the shots are even marginally “effective” at reducing infections and deaths NOR are they safe.”

            so much BS in one spot this guy must own a cattle farm.

            FLORIDA FIX YOUR EDUCATION SYSTEM.

            and PS if you join the army one of the first thing you do is get in the vaccine lines, where you get dozens of vaccines.

            And we all know the guy I am replying to would be militant about people getting jabbed had trump just supported the virus instead of saying it was a hoax that would magically disapear.

          • Tom

            December 18, 2021 at 10:59 pm

            Not the real Tom.

        • Warren

          December 18, 2021 at 3:29 pm

          and the military has an religious exemption opt out, because even when it comes to the defense the country the right to religious freedom is absolute

        • DMW

          December 18, 2021 at 8:00 pm

          No we don’t have an option of getting tested, it’s be vaccinated or voluntary resign so I suggest you look at healthcare, we were ok to be on the front lines when it all started but now get fired, lose your health insurance, and find a way to keep your house and kids be fed

        • SomeGirl

          December 18, 2021 at 10:34 pm

          My company is not allowing testing. No exemptions, either.

          Some choice.

      • Darwin Busa

        December 18, 2021 at 6:20 am

        I do

  • Walter L Johnson

    December 18, 2021 at 6:07 am

    Strong legal precedents exist for the move to protect both the public and workers. People seem to forget even the American Revolution soldiers under George Washington had to take a 10% risk of dying from a primitive form or smallpox vaccination and OSHA has already enforced a mandate in health care for Hepatitis B vaccinations, which stopped a plague of hospital acquired Hepatitis B. The law is so settled that the full appeals court is certain to rule against those trying to stop vaccination mandates, and SCOTUS is likely to merely deny hearing the case by denying the petition for certiorari, as it has for state cases.

    One more lie from DeSantis though just makes him more like Trump who lied his way into the Presidency and milks his followers for money for personal gain for his family.

    • barry cohen

      December 18, 2021 at 7:06 am

      I couldn’t agree more.

    • Michelle

      December 18, 2021 at 7:23 am

      Because no Democrats family has ever profited from their position! I’m pretty sure Hunter has profited and I know Pelosi has several family members who are still profiting like her nephew Newsome
      Trump was rich before he ran for office. Politicians get rich while they are in office. At least he is aware of what freaking day it is!

    • cow

      December 18, 2021 at 2:18 pm

      Your first week of basic training in the army you will get so may shots you will think they need to drain you before giving you another one. AND Go ahead and try to say “I need a religious exemption” LOLOL after you get done running laps, you will be right back in the vaccine line.

    • Tom

      December 18, 2021 at 11:05 pm

      Oh yeah you mean the Biden’s, Hunters financial escapades. Dads joint bank account. Have you heard of the laptop from hell?

  • Phillip Davis

    December 18, 2021 at 8:38 am

    Most people in Floridah…voted for Trump and I think if Covid gets them they should go to a good horse supply & use Ivermectin….after all, Rush Limbaugh said Covid19 was nothing more than the Flu.

  • Dave

    December 18, 2021 at 8:44 am

    Either you have the eyes to see or you do not.
    It is ones own choice if the risk to themselves is more of a worry with or without the vaccine.

    For anyone to mandate ia just wrong. Many of you do not know the intention of these mandares and vaccines. Today its a conspiracy and tomorrow it will be true.
    By then you would have taken the vaccines lowered your ability and the generations to come the abiliry to have healthy children or even children at all.

    You are naive to think evil doesnt exist and especially niave to think it doesnt exist when it comes to government and money.

    Would love to move back to Florida. Maybe one day I will. In the end those of you who sided with evil will one day thank those who are not swayed by fear. The greater good is a lie. Anything by force is a lie. You dont see it. For you do not have eyes to see beyond your programming and the channels that download it into your computer which is your mind.

    They stated they wanted to control the worlds population by means of healthcare, reproductive means, food and water.

    You take this as being a non evil means. But this is by any means possible.

    But its ok. One day soon you will see that you are a puppet living for your masters.

    Hopefully by then it wont be to late.

    • Rinold Treacher

      December 18, 2021 at 10:02 am

      Your argument is so specious, it’s laughable.
      The Feds are not requiring vaccinations. I’ll repeat, “the feds are not requiring vaccinations”. If you don’t want the vaccine you don’t have to get one, and you won’t lose your job. You will have to agree to frequent testing and mask wearing wearing. But just as smokers cannot smoke indoors, why shouldn’t an unvaccinated person with a much higher likelihood of being infected have to take minimum steps–testing–to protect their fellow workers? If this is unacceptable, then all I can say is, “have you no decency?”

      • Nancy Schwartz

        December 18, 2021 at 1:11 pm

        Wrong. Many employers are claiming to accept the religious exemptions but then wholesale denying all of them.

      • Harry James

        December 18, 2021 at 3:26 pm

        Can you people read or are you just to lazy? The vaccine is not working take a look at the current death rate of vaccinated dying from Covid in the UK for example. Go ahead just do what you’re told though? So what’s the death rate by age group again? Idiot.

      • Tom

        December 24, 2021 at 12:24 am

        You are a pathetic liar Rinold.
        Yes they are. Biden is ordering OSHA to make sure to require companies 100 or larger to enforce it. It’s a pathetic effort to do so. It won’t be backed by sup court. You don’t know what you are talking bout, typical Manchurian.

    • cow

      December 18, 2021 at 2:19 pm

      My neighbor thinks people are stealin her cats and putting wifi chips in them. I think yall would be a good match, Send me your details and Ill see if she wants to meet.

  • Jim R

    December 18, 2021 at 10:05 am

    Using assumptions about possible harm from the vaccines is an easy way to politicize a health measure that only an idiot would attempt to refute. Nobody is talking much about the social responsibility here. If you choose not to follow protocols that save countless lives, then you care not for your own family or fellow man. If the argument is “you can’t make me!”, then you are using as much rational thinking as a 6 year old on a playground. Unfortunately, the former President made irrational, childish behavior a mainstay in todays political arena. DeSantis is a polished version of Marjorie Taylor Green, and everyone knows what a blithering, immature idiot she is. Although I’m an Independent, I feel deep sorrow for what Trump has done to the Republican party and politics in general.

  • Enough Already

    December 18, 2021 at 10:43 am

    “The Constitution “does not import an absolute right in each person to be, at all times and in all circumstances, wholly freed from restraint,” Justice John Marshall Harlan, known for defending civil liberties, wrote. “Real liberty for all could not exist under the operation of a principle which recognizes the right of each individual person to use his own, whether in respect of his person or his property, regardless of the injury that may be done to others.””

    Many conservatives, republicans, and Fox News do not understand this simple concept. That is why I will not vote democrat but I am not going to vote at all and I no longer watch Fox News.

  • Ralph Malph

    December 18, 2021 at 10:48 am

    Death Santis is pathetic.

  • grinning libber

    December 18, 2021 at 11:14 am

    DeathSantus is a short timer

  • Peter Aretin

    December 19, 2021 at 11:17 am

    How’s Ron’s plan for a praetorian guard coming along? Is he building an ark, for when Desantistan is under water?

  • John

    December 21, 2021 at 2:46 pm

    We have WAY too many dumbass humans in our world! Let’s look at how successful your BS Covid vaccine is and let me just throw out one FINE example . NFL New Orleans Saints Head Coach Was first NFL person to state he had Covid and yep! He went out and got the vaccine and guess how awesome that worked for him, he’s at home with what( don’t tell me) COVID yep! Fully vaccinated and it worked EXCELLENTLY so much so he’s barred from returning to work. So idiots, we do NOT need to force any damn one to get vaccinated to please your sorry uneducated self! Thank you Gov. DeSantis and Donald Trump for being the Absolute Best Defenders of American Rights! And Long live Candice Owens! We Republicans aren’t the problem but know who are👊🏻

Comments are closed.


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