CIMA Law Group Blog

Decision Awaits as Justices Divide Over Vaccine Mandate

U.S. Supreme Court — **Unprecedented times call for two of the four attorneys to litigate before the Supreme Court via phone call due Positive Covid-19 tests**

Oral arguments in the legal challenge to federal COVID-19 vaccine regulations for some employers were heard by the United States Supreme Court. Ohio, along with 26 other states, was the listed plaintiff in the litigation against President Joe Biden’s regulation. Attorneys arguing for the federal rule claim that OSHA has the jurisdiction to establish these types of workplace safety policies. Furthermore, the court action is about the overreach of a government regulatory agency and the executive branch, not the vaccine’s efficacy.

The US supreme court on Capitol Hill on Friday in Washington DC. — **A decision regarding the vaccine mandate for businesses that employ more than 100 people does not seem promising** **so far**

With the Omicron variation causing a spike in covid cases across the country, the Supreme Court is prepared to determine whether two of President Joe Biden’s vaccine policies will go into action on January 10th as planned. During the oral arguments on January 7th, Justice Sotomayer called in two attorneys to present their arguments from a telephone call because they contracted Covid-19. Despite their illness, it provides a clear picture of how the United States views its workers in trying times as hearings proceeded. The hearings imply that the conservative justices may undermine Mr. Biden’s plan to urge 84 million workers in large corporations to get vaccines. If this is the case, large businesses may decide to halt their efforts to comply with the requirement.

The Covid circumstances did not seem to persuade the six conservatives on the court’s belief that the administration overstepped its jurisdiction in requiring vaccines or testing for enterprises with more than 100 employees. Roberts and Donald Trump’s two newest judges, Brett Kavanaugh and Amy Coney Barrett, are likely to determine the outcome in both cases since they have been more sympathetic to state-level vaccine mandates than the other three conservative justices.

This blog post is part of the CIMA Law Group Blog. If you are in need of legal help, the CIMA Law Group is a law firm in Phoenix, Arizona which possesses expertise in Immigration Law, Criminal Defense, Personal Injury, and Government Relations.

The CDC Cuts Quarantine Days in Half

CDC Cuts COVID-19 Isolation Time in Half to 5 Days | Time — **The CDC cuts isolation time in half from 10 days to 5 days** **to increase employee presence in understaffed companies**

The CDC’s decision last week to cut the asymptomatic COVID-19 isolation period in half, from ten to five days, sparked outrage as officials stated it was partly to allow individuals to return to work sooner. It came just a week after certain businesses, including Delta Air Lines, wrote to the CDC demanding a modification. To add on, The Biden administration introduced a “test to stay” strategy for schools last month, allowing students who have been exposed to the coronavirus to remain in school if they test negative for the virus twice in a week. However, amid the latest surge in cases, officials across the country have also begun weighing the possibility of closing down schools and returning to remote learning.

CDC Covid-19 guidelines: Shortens recommended time for COVID-19 isolation | Marca — **Following this decision to cut isolation time, the CDC receives backlash from companies and people nationwide**

In its updated guidelines, the CDC stated that a negative test result should be received within 48 hours of returning to work, and that this shortened time frame may even apply to certain symptomatic employees even if their symptoms are “mildly symptomatic” and improving. Moreover, health-care professionals do not need to be quarantined “after high-risk exposures” if they have had all recommended immunizations, including a booster injection. When people who have been exposed to a virus but have not yet been diagnosed with an infection are placed in quarantine, they must avoid contact with others.

While these guidelines may bring people back to work quicker, they also raise concerns about the extent to which companies value their employees’ wellbeing. After these concerns raised national attention, the CDC began to face backlash on their decisions. As the Omicron variant spreads across the country, causing an increase in Covid cases, business owners are concerned for their employees’ safety. They’re also having trouble staffing their firms, with the fresh wave of cases adding to a labor shortage they’ve been dealing with for months. It’s hard to tell what the CDC will decide next considering employees may be overlooked while trying to be as present as possible for their job.

Uncertainty Surrounds Inflation as we Approach the New Year

The United States’ economy ends the year with a higher inflation rate than its peers. Some have attributed the fastest consumer price increases since Ronald Reagan’s presidency to labor shortages and stretched supply chains. That school of thought warns the Federal Reserve against tightening monetary policy too quickly, citing the fact that a central bank can’t create jobs or make goods easier to transport. The reason behind this inflation is demand. In the United States, spending on products has increased by 15% since the outbreak, far faster than elsewhere.

Even if inflation reaches its greatest level since 1982 and becomes a topic of public debate, comprehending it can be a difficult endeavor. First, Inflation is a gradual loss of purchasing power which at most times can be a result of a hot economy. But, even those who have spent years studying markets and the economy may not understand how inflation is measured. Its ramifications on society are complex, ranging from who wins and who loses to whether people receive good or bad news.

Manhattan's Most Beautiful Supermarket Reopens as a Trader Joe's — **Prices increase as demand overrules the supply chain in the United States**

Looking back on a tumultuous 2021, experts and analysts identified a few trends that defined the previous year’s economic trajectory — and which they predict will shape the shapes of money, markets, and management in the coming year. With the release of highly effective vaccines and eager buyers in the United States, the year began with the promise of an end to the coronavirus pandemic. While the stock market set record after record and incomes continued to grow, a dramatic rise in the cost of living threatened to overshadow the good news — and while employment remains plentiful, an untold number of people have remained on the sidelines, unwilling or unable to return to work.

Economists are cautiously optimistic about the year 2022: Sharply rising prices and the unknown severity of the coronavirus’s omicron variant cast a shadow over forecasters’ expectations, even if some found reasons to be optimistic in the face of such uncertainty. The top concerns of economists’ minds despite not knowing what the new year holds are: The pandemic, the housing market, the stock market, the labor market, and inflation. With that being acknowledged, it’s imperative to note the many factors that might affect the economy and to keep an open mind in the midst of uncertainty.

Build Back Better Bill Brushed Under the Rug

Sen. Joe Manchin, D-W.Va., says he tried "everything humanly possible," but he can't support President Joe Biden's social spending legislation. — **Senator Joe Manchin opposes the Build Back Better Bill out of skepticism**

The Build Back Better Act saga has been a mere foreshadowing of a bunch of twists and turns that were expected to occur. The bill has passed through the House of Representatives and is being reviewed by the senate. In the meantime, Democratic senators are responsible for figuring out what will actually make it into the final product, and if President Joe Biden’s signature bill will even pass. Democrat Senator Joe Manchin of West Virginia, who expressed skepticism about Build Back Better Wednesday, is partly responsible. The law, he claimed, would make significant changes in three areas: taxation, social services, and energy.

Sen. Joe Manchin’s announcement Sunday that he will not back President Joe Biden’s ambitious package to extend the nation’s social safety net and battle climate change, might jeopardize a number of programs that would help millions of people. Manchin, D-W.Va., said he came to the conclusion that he couldn’t vote for the program, which is Biden’s signature domestic agenda, after months of behind-the-scenes conversations with the White House. The bill would be a social service turning point, funding PreKindergarden, subsidized childcare, Medicare expansion, prescription drug pricing, paid family and medical leave, etc.

U.S. President Joe Biden speaks during a meeting with the White House Covid-19 Response Team in the Roosevelt Room of the White House December 16, 2021 in Washington, DC. — **The Bipartisan bill is now being considered for a revision as Democrats fight to pass it through**

Senate Majority Leader Chuck Schumer, D-N.Y., said in a letter to colleagues today, that the chamber will vote on a revised plan “very early in the new year.” The desire to enact the bill is evident, as it represents a rare ray of political hope for Democrats heading into the 2022 midterm elections, with polls showing it to be popular even as Biden’s approval rating plummets and the party loses its congressional majority.

1 in 4 Americans Quit Their Jobs in 2021

In the midst of a recovering economy tarnished by the Covid-19 pandemic, a surprising pattern emerges – and is only growing. A massive upheaval has taken place in the American workplace, with roughly a quarter of all Americans quitting their jobs. With a quarter of the US workforce willing to leave their jobs, the US is registering 46 million registrations this year alone.

The two hardest hit sectors during the pandemic, the restaurant and hospitality industries, have experienced the most resignations. Part of the reason for the massive turnout of resignations is due to government stimulus checks given out during the pandemic, as well as physical and mental health stresses. With inflation in the US on the rise, American workers who resigned are posed to experience further financial stress.

Several strikes are currently taking place across the US. This week, over 5,000 Fred Meyers workers are on strike due to not being fairly treated during the pandemic. To make matters worse, a hospital in Massachusetts, Saint Vincent’s Hospital, has spent nearly $4,000,000 dollars to cover the costs of a strike that has gone on for over 300 days.

Deadly Tornado Leaves Western Kentucky in Shambles

A man walks through the wreckage of houses in a Bowling Green, Kentucky neighborhood on Sunday, December 12, after extreme weather hit the region. — **First responders scour the ground looking to recover bodies under the sheets of factory debris**

On December 10th, a violent stream of tornadoes ripped through cities in Kentucky and left them in shambles. The outbreak of tornadoes on Friday night, including one that traveled more than 220 devastating miles, left a deep scar of damage throughout the middle of the country, and Sunday was a day of agonizing discovery. However, as work crews sifted through debris and small-town coroners counted the dead, there was a ray of hope that the death toll would not be as high as initially anticipated. That hope came to a halt when people realized there were numerous factory workers clocked for the late shift at the same time the tornado hit. It was later discovered there were 110 employees working that night and only 90 have been confirmed dead under what had been the Mayfield Factory.

Many people raised concerns as to why factory workers remained at the Mayfield factory working during a tornado. The huge factory is known to produce scented candles along with being the third-largest employer in western Kentucky. It was saddening to see that the workers had received a warning of the tornado only 20 minutes before it hit, giving them barely enough time to flee. Rescuers on Sunday continued combing the factory debris for signs of life beneath 15 feet of twisted metal, poisoned with toxic materials, and with wrecked automobiles on what used to be the roof.

An aerial photo shows the destruction of the Mayfield Consumer Products candle factory after tornadoes moved through the area in Mayfield, Kentucky. — **Questions arise as to why workers were kept working in the factory despite these dangerous conditions**

Recovery efforts have been recently brought forth after nearly 1,000 homes have been destroyed. Thankfully people from across the nation have stepped up by donating a generous amount totaling 4 million dollars to the Team Western Kentucky Tornado Relief Fund. The first priority of the fund is to ease the financial burden of burial expenses on families, without needing families to apply for it. Additionally, the American Red Cross set up 8 shelters to help feed and care for 200 people. After President Joe Biden approved a major disaster declaration over the weekend, The Federal Emergency Management Agency (FEMA) is now on the frontlines assisting with aid as well. The move allows for grants and low-cost loans to be put toward housing and home repairs in affected areas.

Governor Newsom Mimics Texas Abortion Ban in New Anti-Gun Legislation

Tweet posted by California Governor Gavin Newsom on December 11, 2021.

California Governor Gavin Newsom announced Saturday plans to introduce legislation modeled after Texas’s controversial abortion ban to reduce the amount of weapons in the state. Governor Newsom argues that adding the threat of private lawsuits against gun manufactures is the most efficient way to keep guns off the streets in California.

The proposed legislation is designed to mimic the Texas Heartbeat Act, otherwise known as Texas Senate Bill 8, which California Governor Newsom strongly opposes for its procedural complexity and its ability to frustrate lawsuits challenging its constitutionality. The Texas bill declares that it is illegal to perform an abortion six weeks after pregnancy and leaves the state without a direct role of enforcing the ban. Instead, SB 8 authorizes private lawsuits in state courts against anyone who aids in abortion after the six week mark.

The tactic of the anti abortion bill is the technicality that the state is not enforcing the law, but instead is enforced through private litigation. Governor Newsom plans to use this same tactic to circumvent federal court review over Californians’ second amendment rights. Governor Newsom’s proposal would empower citizens to sue manufactures of assault weapons and “ghost guns” – firearms made from kits – and be awarded at least $10,000 in addition to attorney fees if plaintiffs win their case.

This proposal comes after federal district court judge Robert Benitez overturned California’s ban on assault weapons in June. In 2019 Benitez blocked a law requiring Californians to complete background checks before purchasing ammunition. In 2017 Benitez also ruled against a ban on gun magazines with a capacity of more than ten bullets.

Fauci Says Omicron Variant Early Reports Look Promising.

U.S. Health officials said Sunday that even though the Omicron Variant of COVID-19 is spreading rapidly in the United States, early indications say that it is less deadly than Delta. Delta continues to be the reason for the majority of hospitalizations. Research still needs to be done but early reports from South Africa, where the variant originated, show that even through infections are spreading fast, hospitalizations are not increasing at an alarming rate.

“Thus far, it does not look like there’s a great degree of severity to it, but we have really got to be careful before we make any determinations that it is less severe or it really doesn’t cause any severe illness, comparable to delta.”
Dr. Fauci, President Bidens Chief Medical Advisor

As of Sunday the Omicron variant has been detected in about a third of the United States. A number of countries including the U.S. have instituted travel bans to some Africans countries although these may be lifted in the coming days.

Even though medical experts early research shows that Omicron may be less serious, there is still reason for some worry. Researchers in South Africa reported that the variant appears to be spreading more than twice as quickly as Delta. Still, nearly all severe cases of the virus are seen in people who are not fully vaccinated. There is no evidence thus far that suggests that the vaccine is not effective in combating the Omicron variant. Vaccine makers have also expressed confidence that they can tweak existing vaccines to be more effective against new variants if needed.

Initially researchers were particularly worried about this variant because of the 30 mutations in the spike protein, a component on the surface of the virus that allows it to bind to human cells and gain entry into the body. Having this many mutations could mean the this variant would be able to evade the antibodies produced by vaccines although, that doesn’t seem to be the case.

Ultimately this variant, while very infectious, is not something to panic over. Research regarding Omicron is still in it’s early stages and the coming weeks will give us more information about it’s implications around the world. Even while some countries in Europe have reinstituted lockdowns, researchers have remained optimistic that Omicron will not have a drastic impact on hospitalizations.

Oxford School Shooting: The Latest in Many

Students hug at a memorial at Oxford High School in Oxford, Mich., Wednesday, Dec. 1, 2021. Authorities say a 15-year-old sophomore opened fire at Oxford High School, killing four students and wounding seven other people on Tuesday. (AP Photo/Paul Sancya) — **Students come together as they mourn their classmates following this traumatic calamity**

Ethan Crumbley, a 15-year-old boy has been charged with murder and terrorism in connection with a shooting at a Michigan high school that killed four other students and injured several more. Crumbley was charged as an adult with a slew of offenses, including murder, attempted murder, and terrorism resulting in death. Last Tuesday, Crumbley entered a bathroom with a backpack and reappeared with a semi-automatic handgun, firing at classmates as he walked down the hallway. Tate Myre, 16, Hana St. Juliana, 14, Madisyn Baldwin, 17, and Justin Shilling, 17, were the four kids that were killed in this devastating tragedy.

Furthermore, his parents were charged with involuntary manslaughter in conjunction with their son’s alleged acts on Friday, and they were detained Saturday in Detroit following a full day’s search, according to authorities. According to CNN, the attack was the bloodiest school shooting in the United States since eight students and two instructors were killed in May 2018 at Texas’ Santa Fe High School. In just this year alone, there have been 48 shootings on K-12 school campuses, 32 of which have occurred since August 1st. Moreover, Crumbly shot and injured seven other people, including a teacher and six students. It was later found that by the time officials arrived, they also discovered he had 18 rounds left and 7 in his pocket, indicating he was planning to continue before they found him.

People attending a vigil embrace at LakePoint Community Church in Oxford, Mich., Tuesday, Nov. 30, 2021. Authorities say a 15-year-old sophomore opened fire at Oxford High School, killing three students and wounding several others, including a teacher. (AP Photo/Paul Sancya) — **Families attend the vigil held for the deceased students on November 30th**

This past weekend held the first funeral service for one of the victims Madisyn Baldwin. Another service will be happening today and more throughout the week as families mourn their loved ones because of this heartwrenching incident. Efforts to assist the four students’ families and the seven people injured, including one teacher, are ongoing. Officials said in a Facebook post that people can send cards and messages to the families and individuals who have been injured. Additionally, the Oxford Bank has started a fund to directly aid the families’ victims and plan to create a memorial with the extra donations.

Rittenhouse and Arbery: The Jury’s Role in Justice

Recently, I gave my predictions on the Rittenhouse trial while it was still happening. I predicted acquittal, and I was proven correct on November 19th. On the same day, jury instructions were debated in the Ahmaud Arbery trial; the instructions were such a departure from the defense’s interpretation of the law that a guilty verdict was all but certain. The three defendants in that case were each found guilty of various charges in the murder of Ahmaud Arbery.

The Rittenhouse verdict was met with outrage and protests. Meanwhile, the Arbery verdict was largely met with peace, silence, and even sighs of relief. Of course, these cases are not the same; the government had a weak case against Rittenhouse and quite a strong one against the McMichaels. I believe both outcomes were highly predictable. So, why such varied responses?

Jurors almost certainly knew that their cases were highly publicized. Still, their duty was to reach a decision based on the evidence, the law, and nothing else. If they did this, then “justice” was served – even if the verdict is politically controversial. For this reason, President Joe Biden has stated both that he is (1) upset by the Rittenhouse verdict and (2) stands by it. Biden publicly argued that it’s important that we continue to respect our jury system, as it’s how we fairly execute the laws of the United States. The American jury system helps to protect ordinary people against injustice – without the protections of a fair jury, we are all at risk.

To me, these two cases are a reminder that our complex jury system is capable of acting independently from political pressure – that can only be a good thing for you and me.