5th Circuit Court To Handle All Vaccine Mandate Appeals, Suspends OSHA Nationwide
"The moronic President Joe Biden's illegal overreach and tyranical vaccine mandate is suspended as a U.S. Circuit Court considers all the many cases filed nationwide. Its long opinion in ordering the suspension indicates that the Court will likely permanently close down the unconstitutional action by the Biden Administration to force a medical procedure on millions of Americans over the Religious Liberty objections filed by employees, says Eugene Delgaudio, president of Public Advocate.
On Thursday, November 4, 2021, the Occupational Safety and Health Administration (OSHA) published an Emergency Temporary Standard (ETS) that establishes minimum COVID-19 vaccination and testing requirements for private employers with 100 or more employees throughout the United States.
Shortly after the ETS was published, several states and businesses sued to declare that the rule was unconstitutional and beyond OSHA's statutory authority. On November 6, 2021 the Fifth Circuit Court of Appeals (based in New Orleans) issued a very short preliminary ruling "staying" implementation of the ETS pending further briefing in the court. Then, on November 12, 2021 the Fifth Circuit entered a long opinion in which it has issued a preliminary stay of the law.
In doing so, the court signaled in the strongest of possible terms that it was poised to find that the rule does exceed OSHA's statutory authority in several ways and is unconstitutional. You can read the entirety of the opinion here.
On the dubious assumption that the Mandate does pass constitutional muster-which we need not decide today9-it is nonetheless fatally flawed on its own terms. Indeed, the Mandate's strained prescriptions combine to make it the rare government pronouncement that is both overinclusive ...........and underinclusive (purporting to save employees with 99 or more coworkers from a "grave danger" in the workplace, while making no attempt to shield employees with 98 or fewer coworkers from the very same threat). The Mandate's stated impetus-a purported "emergency" that the entire globe has now endured for nearly two years,10 and which OSHA itself spent nearly two months responding to11-is unavailing as well.
And its promulgation grossly exceeds OSHA's statutory authority, ...." the Court stated.