State Senator Julian Garrett

State Senator Julian Garrett

The Fifth Circuit Court of Appeals has issued a temporary order, stopping the Biden administration from enforcing its emergency OSHA mandate requiring businesses with more than 100 employees, to require their employees get a COVID-19 vaccination, or to submit to a testing and masking requirement.

The mandate was to take effect on January 4. According to Judge Kurt Engelhardt writing for the court, “The mandate is staggeringly overbroad.” He stated that “The public interest is also served by maintaining our constitutional structure and maintaining the liberty of individuals to make intensely personal decisions according to their own convictions – even, or perhaps particularly, when those decisions frustrate government officials.”

The Court discusses the relationship between the federal government and the states under the commerce clause. The Court says, “First, the Mandate likely exceeds the federal government’s authority under the Commerce clause because it regulates noneconomic inactivity that falls squarely within the States’ police power. A person’s choice to remain unvaccinated and forgo regular testing is noneconomic inactivity.”

Iowa and 10 other states have also filed a suit opposing the mandate in the Eighth Circuit. Several other cases have also been filed in other circuits. Because of the numerous suits filed, in different circuits, the federal courts, in an unusual move, by lottery, consolidated all the cases into a case in the 6th circuit. The case will undoubtedly finally be decided by the Supreme Court.

IOWA APPEALS SCHOOL MASK MANDATE DECISION

The State of Iowa has appealed to the Eighth Circuit, the federal district court’s decision enjoining enforcement of the law we passed prohibiting schools from implementing mandatory mask mandates. Hopefully we will have a decision before too long. The case could end up in the U. S. Supreme Court.

The basis of the case is the claim by the plaintiffs that the law violates the Americans with Disabilities Act.

As always, please feel free to contact me with your ideas or concerns.

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(3) comments

Womenmatter

Julian Garrett continues to disregard a large portion of the citizens of Warren and Madison County by not insisting on mask and vaccinations for all. People with disabilities have been quarantined in their homes for almost two years now. People that are auto-immune can not get out and take a chance of contracting COVID-19 virus. Just like the 1950s when everyone got vaccinated to stop polio this vaccine is also done for the greater good. Unless you absolutely have a Physical allergy to the ingredients of the vaccine or a legitimate religious exemption, then it is your obligation for your neighbor, your community and your family to get the vaccination and wear a mask. Iowa is population for COVID-19 infection is on the rise, Let’s hope that the non-vaccinated population is not the reason that we have to close down again.

aaron.labertew

Republicans, continuing to fight science and facts whenever a Democrat dares to mention them. Hope these traitors get voted out before it's too late.

Michael R May

Senator Garrett again displays his chronic failure of leadership.

As this is written, over 7,200 Iowans have died from COVID. Despite this fact, Senator Garrett cheers the blocking of public health efforts of President Biden. Worse, in a pandemic that has claimed the lives of 7,200 Iowans, Senator Garrett again fails to state his support for masks, quarantines, vaccines or any public health measures. Perhaps Senator Garrett thinks he can tax cut his way out of a deadly pandemic.

Senator Garrett, unless you believe the Right to Life ends at birth, where do you stand on protecting public health in Iowa as the death count from COVID again increases?

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