https://pjmedia.com/news-and-politics/rick-moran/2021/11/13/appeals-court-reaffirms-its-decision-to-stay-vaccine-mandate-n1532531
Saying that Joe Biden’s vaccine mandate “grossly exceeds OSHA’s statutory authority,” the U.S. Court of Appeals for the Fifth Circuit in New Orleans reaffirmed its original decision made on Nov. 6 to block OSHA from taking any steps to enforce the mandate.
The three-judge panel will probably not have the last word on the mandate. A judicial lottery will be held next week to determine in what circuit the several challenges to the mandate will be heard. The New Orleans-based circuit court that ruled last night is one of the most conservative in the nation.
The judges didn’t mince any words in stating how they felt about the mandate.
Washington Post:
“Rather than a delicately handled scalpel, the Mandate is a one-size fits-all sledgehammer that makes hardly any attempt to account for differences in workplaces (and workers) that have more than a little bearing on workers’ varying degrees of susceptibility to the supposedly ‘grave danger’ the Mandate purports to address,” they wrote.
They said they believed that the ruling imposed a financial burden on businesses and potentially violated the commerce clause of the Constitution.
“The Mandate imposes a financial burden upon them by deputizing their participation in OSHA’s regulatory scheme, exposes them to severe financial risk if they refuse or fail to comply, and threatens to decimate their workforces (and business prospects) by forcing unwilling employees to take their shots, take their tests, or hit the road,” they wrote.
It’s important to note that the legal landscape is now decidedly tilted against the mandate. The administration is now going to have to prove that there is a “grave danger” to workers and that the danger is “immediate.” That’s a difficult standard to meet.