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On Wednesday, judges presiding over the 5th Circuit Court of Appeals in New Orleans, Louisiana, published a scathing dissent decimating the Biden Administration’s vaccine mandate via OSHA, which unconstitutionally ordered companies with over 100 workers to impose vaccine requirements.
The court’s opinion, which put a permanent halt on the federal mandate until further notice, lays out numerous glaring issues with the administration’s hastily written, “fatally flawed,” and “staggeringly overbroad” order, which above all else is “likely unconstitutional.”
Here’s an excerpt:
Indeed, the Mandate’s strained prescriptions combine to make it the rare government pronouncement that is both overinclusive (applying to employers and employees in virtually all industries and workplaces in America, with little attempt to account for the obvious differences between the risks facing, say, a security guard on a lonely nightshift, and a meatpacker working shoulder to shoulder in a cramped warehouse)and underinclusive (purporting to save employees with 99 or more coworkers from a “grave danger” in the workplace, while making no attempt to shield employees with 98 or fewer coworkers from the very same threat.)
The 22-page court opinion takes the Biden administration to the woodshed, makes great points, and upholds the right of individual workers to make their own health choices.
The court order also makes for a great Friday read. Enjoy!
The case next heads to the 6th Circuit Court of Appeals in Cincinnati for a final ruling.