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." dl.airtable.com/.attachments/d…
"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."
A Ron Klain retweet gets mentioned:
"The underinclusive nature of the Mandate implies that the Mandate’s true purpose is not to enhance workplace safety, but instead to ramp up vaccine uptake by any means necessary."
"At the very least, even if the statutory language were susceptible to OSHA’s broad reading—which it is not—these serious constitutional concerns would counsel this court’s rejection of that reading."
Judge Duncan, concurring: "Whether Congress could enact such a sweeping mandate under its interstate commerce power would pose a hard question. Whether OSHA can do so does not."
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