U.S. 5th Circuit Court of Appeals after judicial review VIGOROUSLY “re-affirms” (link below) its “stay,” rejecting Biden’s OSHA mandates on vaccines, testing and masks. “We first consider whether the petitioners’ challenges to the Mandate are likely to succeed on the merits. For a multitude of reasons, they are.”
… “On the dubious assumption that the Mandate DOES pass constitutional muster—which we need not decide today—it is nonetheless fatally flawed on its own terms.”
“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.”
“This case concerns OSHA’s most recent ETS—the Agency’s November 5, 2021 Emergency Temporary Standard (the “Mandate”) requiring employees of covered employers to undergo COVID-19 vaccination or take weekly COVID-19 tests and wear a mask. An array of petitioners seeks a stay barring OSHA from enforcing the Mandate during the pendency of judicial review. On November 6, 2021, we agreed to stay the Mandate pending briefing and expedited judicial review. Having conducted that expedited review, we reaffirm our initial stay.”
“Whether Congress could enact such a sweeping mandate under its interstate commerce power would pose a hard question. See NFIB v. Sebelius, 567 U.S. 519, 549–61 (2012). Whether OSHA can do so does not.”
An interesting read. Give it to your CEO, manager.
VIGOROUSLY is my descriptive not the court’s word, but DELICIOUSLY descriptive. The court volunteered information daring the government to “bring it on,” bring on the constitutional case, or the OSHA law case, to say to the Biden administration and its politically weaponized DOJ, notoriously tone deaf to the intent of laws, I dare you to step out behind the bar(n) and deal with this. “Oh no!” screamed Brer Rabbit. “No! Please don’t throw me over there in the briar patch, Brer Fox! I’m begging you!”