Florida wins against CDC?

[HuliHuli]

The 3-judge panel on the 11th circuit has just reversed itself lifting its stay that blocked the lower court's decision barring the CDC's cruise ship order from being enforced.  Shortly after Florida filed an emergency petition with the Supreme Court, the 3-judge panel reversed its own decision rejecting the government's request because they "failed to demonstrate an entitlement to a stay pending appeal."

 

Florida thus wins!

[BermudaBound2014]

9 minutes ago, HuliHuli said:

The 3-judge panel on the 11th circuit has just reversed itself lifting its stay that blocked the lower court's decision barring the CDC's cruise ship order from being enforced.  Shortly after Florida filed an emergency petition with the Supreme Court, the 3-judge panel reversed its own decision rejecting the government's request because they "failed to demonstrate an entitlement to a stay pending appeal."

 

Florida thus wins!

 

This should bring to their knees all those who who have blindly supported the CDC. In fact, it should give all USA citizens pause. If we can't trust the CDC who can we trust?  😉

[BirdTravels]

So will NCL "blink" and run unvaccinated cruises? Or will all Florida cruises be cancelled on Monday morning?

[Hadacareer]

And now Florida wins?

[Daniel A]

1 minute ago, Hadacareer said:

And now Florida wins?

At least pending the final outcome of the original lawsuit in Judge Merryday's court.  It certainly doesn't look promising for the CDC at this point.  Maybe (hopefully) it will bring a more reasonable CDC back to the mediation table and the suit will get settled so we can all move on with some degree of certainty.  Finally!

[zerooveride]

IT is very surprising that the same 3-panel of Judges changed their opinion like that. I wouldn't be shocked now if the CDC appeals to the Supreme Court for a stay.

 

They do have some precedent on their side as the Supreme Court declined to stop the CDC's eviction moratorium recently.

 

https://www.cnn.com/2021/06/29/politics/supreme-court-eviction-moratorium-cdc/index.html

[RumRunner2021]

Does this now mean that cruise lines will be free to sail as they wish?  No masks?  No distancing?  No vax requirements?  What could go wrong..... 🤣

[Navis]

Not a surprising decision from a circuit court with one of the highest percentage of reversals/vacated/remand by SCOUTS. That said, I don’t really see this as anything SCOUTS would take up … nor would they had it been FL that was appealing. SCOUTS rarely bothers itself with procedural appeals and might only take this case on the semi-novel standing argument (which is interesting and has been percolating in the Appeals courts for years). If they do .. that opinion could surprise as this conservative court take a very narrow view of standing.

 

That said, not sure what, if any, practical effect this has on NCL’s operations … they’ve already decided how they want to proceed (which was more than the CSO required anyway) and this decision changes nothing in that regard. Maybe the adopt the RCI/Carnival approach of going to 95% vaccination?

 

I’m just happy I’m sailing on a cruise line (not NCL) outside the US that has already extended its 100% vaccination requirement to February 2022 so I don’t have to deal with any of this drama. 

[skywonder]

2 hours ago, BermudaBound2014 said:

 

This should bring to their knees all those who who have blindly supported the CDC. In fact, it should give all USA citizens pause. If we can't trust the CDC who can we trust?  😉

So very true.

[laedw]

42 minutes ago, Navis said:

Not a surprising decision from a circuit court with one of the highest percentage of reversals/vacated/remand by SCOUTS. That said, I don’t really see this as anything SCOUTS would take up … nor would they had it been FL that was appealing. SCOUTS rarely bothers itself with procedural appeals and might only take this case on the semi-novel standing argument (which is interesting and has been percolating in the Appeals courts for years). If they do .. that opinion could surprise as this conservative court take a very narrow view of standing.

 

That said, not sure what, if any, practical effect this has on NCL’s operations … they’ve already decided how they want to proceed (which was more than the CSO required anyway) and this decision changes nothing in that regard. Maybe the adopt the RCI/Carnival approach of going to 95% vaccination?

 

I’m just happy I’m sailing on a cruise line (not NCL) outside the US that has already extended its 100% vaccination requirement to February 2022 so I don’t have to deal with any of this drama. 

If NCL changes their fully vaccinated only sailing requirements, I will have to find another cruise line that has fully vaccinated sailing restrictions.  

[OrcaGirl]

55 minutes ago, Navis said:

I’m just happy I’m sailing on a cruise line (not NCL) outside the US that has already extended its 100% vaccination requirement to February 2022 so I don’t have to deal with any of this drama. 

 

Which cruise line is that? I tried searching but didn't find anything... (I'm booked on NCL out of Miami in November but will cancel if they drop the 100% requirement.)

[BermudaBound2014]

I'm not sure what line Navis is sailing, but I believe Seabourn is still 100% vaccinated. There are a few other small cruise lines requiring 100% vaccination, but I forget them off the top of my head (sorry).

[ChiefMateJRK]

1 hour ago, Navis said:

Not a surprising decision from a circuit court with one of the highest percentage of reversals/vacated/remand by SCOUTS. That said, I don’t really see this as anything SCOUTS would take up … nor would they had it been FL that was appealing. SCOUTS rarely bothers itself with procedural appeals and might only take this case on the semi-novel standing argument (which is interesting and has been percolating in the Appeals courts for years). If they do .. that opinion could surprise as this conservative court take a very narrow view of standing.

 

That said, not sure what, if any, practical effect this has on NCL’s operations … they’ve already decided how they want to proceed (which was more than the CSO required anyway) and this decision changes nothing in that regard. Maybe the adopt the RCI/Carnival approach of going to 95% vaccination?

 

I’m just happy I’m sailing on a cruise line (not NCL) outside the US that has already extended its 100% vaccination requirement to February 2022 so I don’t have to deal with any of this drama. 

What are SCOUTS?  Boy Scouts?

[DCGuy64]

14 minutes ago, ChiefMateJRK said:

What are SCOUTS?  Boy Scouts?

I was wondering that, too. 

[Old & Retired]

1 hour ago, laedw said:

If NCL changes their fully vaccinated only sailing requirements, I will have to find another cruise line that has fully vaccinated sailing restrictions.  

Bye!

[Navis]

39 minutes ago, ChiefMateJRK said:

What are SCOUTS?  Boy Scouts?

Damn autocorrect … obviously I meant SCOTUS. I should have caught that in post review. I did clerk for on the 1st Circuit Court of Appeals for now Justice Breyer. He would have given me a tongue lashing for not proofreading my post. 

[armwinder]

We have three cruises booked with NCL and were happy to see that 100% vaccination was required.  Unfortunately the rules changed mid stream and we are forced to cancel. Mixed vaccines are common in Canada and I have a Pfizer / Moderna mix.  NCL allow a mix in other parts of the world but not into or out of US ports. Things may change down the road and we are reluctant to change cruise lines as we have a long history with NCL. All other cruise lines do accept a Pfizer / Moderna mix.  

[RumRunner2021]

1 hour ago, laedw said:

If NCL changes their fully vaccinated only sailing requirements, I will have to find another cruise line that has fully vaccinated sailing restrictions.  

Amen!!!  (that said, NCL is smart enough to recognize what "smart cruisers" want in a cruise, and are more than happy to pay for)

Edited July 24, 2021 by RumRunner2021

[RumRunner2021]

Just now, Navis said:

Damn autocorrect … obviously I meant SCOTUS. I should have caught that in post review. I did clerk for on the 1st Circuit Court of Appeals for now Justice Breyer. He would have given me a tongue lashing for not proofreading my post. 

I'm pretty sure that those guys knew what you meant....  🤣

[Navis]

2 minutes ago, RumRunner2021 said:

I'm pretty sure that those guys knew what you meant....  🤣

Perhaps, but in today’s day and age, who knows! FWIW, I did ask the mod to delete my initial post … no one really cares what an actual lawyer and former federal court clerk has to say … everyone is in their corner so best I just stay out of it. 
 

I just want us all to get back to those days when we argue about which bar makes the best martinis! 😂

[Navis]

1 hour ago, BermudaBound2014 said:

I'm not sure what line Navis is sailing, but I believe Seabourn is still 100% vaccinated. There are a few other small cruise lines requiring 100% vaccination, but I forget them off the top of my head (sorry).

You nailed it 😀

 

I’m traveling on Seabourn.

[RumRunner2021]

4 minutes ago, Navis said:

Perhaps, but in today’s day and age, who knows! 

I could be wrong, but I've interacted enough with both those guys to understand where they're coming from.  Both good guys who don't mind having a little fun here on the forum, even if it comes at the expense of somebody who is at the mercy of their spellchecker.  It's all good.  😎

[piedpiper99]

5 hours ago, zerooveride said:

They do have some precedent on their side as the Supreme Court declined to stop the CDC's eviction moratorium recently.

better check the headlines.  SCOTUS sent that case back to the appeals court and they just ruled against the CDC.

[Old & Retired]

3 hours ago, Navis said:

Damn autocorrect … obviously I meant SCOTUS. I should have caught that in post review. I did clerk for on the 1st Circuit Court of Appeals for now Justice Breyer. He would have given me a tongue lashing for not proofreading my post. 

Did you proofread this post?

[coffeebean]

10 hours ago, HuliHuli said:

The 3-judge panel on the 11th circuit has just reversed itself lifting its stay that blocked the lower court's decision barring the CDC's cruise ship order from being enforced.  Shortly after Florida filed an emergency petition with the Supreme Court, the 3-judge panel reversed its own decision rejecting the government's request because they "failed to demonstrate an entitlement to a stay pending appeal."

 

Florida thus wins!

Florida wins but all of us who prefer to cruise on a vaccinated ship lose. I have no idea how these cruise lines are going to be able to "work around" the Florida law and still be withing their rights to do so. The CDC CSO which mandates 95% vaccinated will not longer be a RULE but only a GUIDELINE. Cruise lines home porting in Florida will not be able to request vaccine status from their passengers. This is a big mess.