The 5th Circuit Court of Appeals handed the Biden administration another loss on Friday and “blocked OSHA from enforcing a vaccine mandate for private employers with 100 or more employees until the Court decides whether to grant a permanent injunction against the mandate”:
Today, the 5th Circuit Court of Appeals blocked OSHA from enforcing a vaccine mandate for private employers with 100 or more employees until the Court decides whether to grant a permanent injunction against the mandate.
— Alan Wilson (@AGAlanWilson) November 12, 2021
From the ruling:
Fifth Circuit reaffirms stay of OSHA vaccine mandate, says the agency may "take no steps to implement or enforce the Mandate until further court order." https://t.co/EJpn5fVqGQ pic.twitter.com/EZHMlt5Jji
— Rob Romano (@2Aupdates) November 12, 2021
The judges also cited OSHA’s delay in actually implementing the emergency ruling:
"The Mandate’s stated impetus—a purported 'emergency' that the entire globe has now endured for nearly two years, and which OSHA itself spent nearly two months responding to—is unavailing as well. And its promulgation grossly exceeds OSHA’s statutory authority." pic.twitter.com/Hf9zpeoBb0
— Rob Romano (@2Aupdates) November 12, 2021
The court also questioned the constitutionality of this mandate and other possible mandates in the future:
The Court called the constitutionality of the mandate dubious. We agree completely and agree with the Court’s order that OSHA not take one step further. This is a great victory for employers and the working men and women of South Carolina.
— Alan Wilson (@AGAlanWilson) November 12, 2021
Yes, it is a victory:
"We’re encouraged by the court’s recognition that the OSHA rule exceeds their authority with this mandate. This is a win for Utahns," @GovCox says in a statement to @fox13: https://t.co/HZmXj4826x #utpol #Utah
— Ben Winslow (@BenWinslow) November 13, 2021
And libs aren’t happy that the ruling “also strongly suggests that a vaccine mandate *explicitly imposed by Congress through new legislation* would also be unconstitutional, so all this hand-waving about OSHA overreach is basically irrelevant”:
The majority also strongly suggests that a vaccine mandate *explicitly imposed by Congress through new legislation* would also be unconstitutional, so all this hand-waving about OSHA overreach is basically irrelevant. pic.twitter.com/TRbBhzvMLV
— Mark Joseph Stern (@mjs_DC) November 12, 2021
Wow. Wow. Wow:
The upshot is the Fifth Circuit’s opinion is not just “OSHA exceeded its powers,” it’s also “don’t you dare try to impose a vaccine mandate via statute, Congress, because we will block it in a heartbeat.” It’s an advisory opinion cutting off future avenues for vaccine mandates.
— Mark Joseph Stern (@mjs_DC) November 12, 2021
***
Join the conversation as a VIP Member