gehringer_2

Actually a better example that goes to directly to the argument about the employee's active choice not to protect themselves outside the workplace would be hearing protection. You may go home every night and blast Twisted Sister on your ear buds at 110db, but OSHA still requires your employer to provide you with an 80db time weighted sound environment or provide hearing protection, even if it's doing nothing to actually preserve your hearing because you are killing it on your own time. The basis of the objection has to be in the nature of the compliance required. In the above case you will be required to wear ear plugs where it's noisy, but what if OSHA said you needed to have your ears surgically modified? The latter clearly fails a reasonableness test, the former does not. So where do you place a vaccination on that scale and is there any kind of bright line to make it clear?

No question Yzerman is not is an enviable position - which is why I put it as 'wondering'. Do you just cut or buy out a couple guys and call a couple fresh bodies guys up? The cupboard is not exactly brimming at GR and if the guys don't justify your confidence it ends up a step backward. I'll tell you what most drives my crazy: When a opponent receives a pass or digs out a puck along the boards and a Wing player is there - even one within a single step, the Wing will start backing down the ice instead of closing to check. You watch the Wings and it's like they are completely averse to fighting for possession. No other team in the NHL runs away from the other team in the center ice zone like that. You don't have to play like Kronwall did and put yourself at risk of getting your bell rung, but you can't expect to succeed at NHL hockey if you won't engage an opponent and fight for puck possession. And the other side of that same coin is that the Wings forecheck is pathetic. Now part of it is that the Wings are generally slow and afraid to get caught back, but tonight even Larkin's line was playing that way. If that is Blashill, then he needs to go, if it's the players, someone or something needs to kick them in the arse.

OK - fair enough if you can make a reasoned argument that a vaccination is different in kind to the other kinds of behavioral compliance that OSHA's authority does indeed extend to in the workplace, but that would not be because of anything that does or doesn't go on outside the workplace - it would be because the rule in some other definable way is defective - extends past OSHA powers. IOW it may be a badly arrived at rule, but not because I face the same risk outside the workplace. OSHA clearly does have the power to regulate a worker's exposure to a risk in the workplace that he/she may also face outside the workplace. That is not a criterion that proscribes OSHA's regulatory powers.

Then we'll need to take a flyer on some bodies from GR because this group is plateaued.

Tonight they looked very comfortable about losing. If I'm Stevie Y i'm wondering if I have to move some guys just to shake up what's looking like complacency setting in.

a full minute 6 on 3, no goal. Well, good to see they are finally playing more consistently - now just as bad at home as on the road.

Wings top line playing some terrible D and Nede bailing them out.

well sure - in the most global sense, but if we are talking about health and safety regulatory mandates, you aren't arguing they exist for private citizens in their homes are you?

ignorance knows no party I guess. What makes it so totally ridiculous is that at a time when when a document like that might have taken a take a week for a staff to review and fact check, the standard was such that a mistake like that would have cost a job, whereas today when the task can be done in 10 minutes no-one bothers, and it will pass with hardly a shrug of a shoulder.

actually that's not quite a good formulation either. The state may have standards for the sale and manufacture of ladders, but there is no state law on the books (at least in MI) that tells me what I can and can't do with a ladder in my house. If I want to be absolutely damn-the-deep-state daring and stand on the top step, there is no authority to cite me for it - yet.

well this part of your arg at least fails though - many things that OSHA regulates in the workplace are also done out side the workplace. Ever been exposed to dirty air at home? Ever climb a ladder? Do we exclude OSHA from regulating use of ladders in the workplace because you use them at home? I could give you at least a dozen other examples off the top of my head but not to bore you. But as I've said, this is my biggest complaint about many things coming out of courts today - which is the general ignorance of judges about the real world or even how the law works on the ground in real practice. They make arguments that are nonsensical to the larger public because they have such a narrow understanding of real life. This is not a conservative/liberal issue per se, just a complaint about high level law becoming so Ivory tower from both ideological ends that you end up with too many decisions that tilt at windmills but don't move in the direction of bringing equity or justice to society. Also why I hate this trend to nominate the youngest judges you can so you can push them though a confirmation process where they have no history. Once a judge goes to Scotus their existence becomes divorced from any normal human reality and any possibility of further real life experience is pretty effectively cut off - so the younger their elevation, the less likely they will ever be champions for ordinary people. I think this is one of the things that I like in John Roberts even though I think he is too idealistic about conservative principles such as the belief that law in the US can/will ever be colorblind or esp money=speech. At least he has some humility about the social cost of constantly breaking the china.

always heart warming to see a valley girl that has found her way back home.

I don't have an issue so much if the mandate eventually falls because it was bad rule-making, but I still can't buy the argument that that Osha's enabling legislation does not provide sufficient mandate. Arguments like "the rule only protects unvaccinated workers from their own choices" seem to fundamentally misunderstand what OSHA does. A mandate to put a two handed interlock on a punch press is exactly a rule that does nothing more than protect a worker from his own choices. Are the mandate opponents ready to throw out all those?

Could be. I'm not wed to Blashill at all. I do think that the NHL has a lot of bad coaches that keep hanging around because the old boy network is so strong in the NHL and that's the downside risk. Now, to be fair, I can't see Yzerman being the kind of GM that's going to bring in some neanderthal because he's an old buddy. OTOH, I think he is the kind of GM who he if had already seen a really promising coach become available would have already pulled that trigger. So despite the frustrations of individual games, Blash isn't so big issue for me either way.

yeah - all we can really say is that at least they do have a lot of arms available with reasonable potential so they've helped their odds to that degree, but we've all seen even large numbers of potential fillers all fail in the same year.

he's having a big season in winter ball - you just wait!

Agree and disagree. I think it is important for Candidates to have to express themselves in an environment they don't control. I would agree this pseudo-debate format is a lousy way to do it. I would just as soon require each candidate to do one or more solo interviews with a Mike Wallace level interviewer. The gold standard for this if you ask anyone old enough to remember may have been Jack Paar's candidate interviews prior to the 1960 election. Maybe the most informative hours about candidates ever done on TV.

So we assume Edvinnsson as one. McIssaac is at GR and at least he is finally playing regularly - so maybe some hope on that front if his shoulder holds together. Two guys can make a big difference on D. Look at how much difference Seider has made by himself.

Probably true, but in the kingdom of the blind the one-eyed man is king. They don't have better skaters to put at Center.

works for me!

kits are available again now, the shortage was largely a transient issue with the explosion of Omicron. The industry is/will catching up. Demand per se is not the problem, the capacity is there, it as much inconsistent demand defeating sales forecasts. But there is a valid point that if vaccination is not effective for containing contagion, then the rational for the OSHA rule is undercut and does appear vaccination is not particularly effective at stopping Omicron contagion. The problem is that Omicron may not be the last variant and vaccination may be very effective at stopping transmission of the next variant or next epidemic. Law needs to be generalizable to be of any value so one would hope that the court doesn't make a ruling tied to a particular case that may or not be a good representative of the general situation. The case needs to be decided on some general principle beyond the technical question of how good these vaccines work against this variant of one virus. Doubt it will be though.

Of course a lot, maybe even most, OSHA regs are cumbersome. Generally the way around that is partial exemptions for smaller orgs without the resources. But really, getting an employee tested once a week and recording said result is a lot easier than even the most basic requirement for say air monitoring or toxics exposure. My sympathies are pretty limited here.

I suppose it depends on how you define "stupid." 🤔

yeah - those are pretty terrible - just bad research.

I think it depends. If you have two candidates with long track records they probably don't have any impact (eg Trump/Biden), but Obama against McCain did a lot to give people confidence that Obama was up to the task, and Hillary hurt herself with lackluster performances in the latter debates -- so they can be important. But more important is that it will hurt a candidate to duck a debate even with people who wouldn't have watched it in the first place. The downside for ducking debates in US politics is usual severe. Americans hate cowards.