Trump Judge Kyle Duncan tacks on a little advisory opinion suggesting that Congress couldn’t even impose an employer vaccine mandate through legislation. Love the very real and nonpartisan law coming out of the Fifth Circuit these days. 
https://twitter.com/2Aupdates/status/1459299597571043330
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.
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.
Also the Fifth Circuit’s descriptions of both the facts and the law is sheer hackery but let’s be honest, you knew that already.
https://twitter.com/rickhasen/status/1459305300888981506
I am tempted to launch a lengthy thread explaining why the Commerce Clause analysis is egregiously wrong, but I’ll just drop this @AnthonyMKreis tweet and put my phone away. The Fifth Circuit may have the power to ruin this country but it’s not going to ruin my Friday night.
https://twitter.com/anthonymkreis/status/1459307583928426497
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