An Illegal OSHA Mandate
In a Strong Rebuke, the 5th Circuit Court of Appeals blasted Biden's OSHA vaccine mandate.
Key Judicial Points of the 5th Circuit
- 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
- 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.
- The Mandate is staggeringly overbroad. Applying to 2 out of 3 private-sector employees in America, in workplaces as diverse as the country itself, the Mandate fails to consider what is perhaps the most salient fact of all: the ongoing threat of COVID-19 is more dangerous to some employees than to other employees. All else equal, a 28 year-old trucker spending the bulk of his workday in the solitude of his cab is simply less vulnerable to COVID-19 than a 62 year-old prison janitor.
- In light of this immense complexity, one might naturally ask the Agency—is this situation truly amenable to a one-size-fits-all Mandate?
- At the same time, the Mandate is also underinclusive. The most vulnerable worker in America draws no protection from the Mandate if his company employs 99 workers or fewer. 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.
- If the deficiencies we’ve already covered aren’t enough, other miscellaneous considerations seal the Mandate’s fate. For one, “[t]he Agency cannot use its ETS powers as a stop-gap measure,” Asbestos Info., 727 F.2d at 422, but concedes that that is precisely what the Mandate is intended to do here.
- It lastly bears noting that the Mandate raises serious constitutional concerns that either make it more likely that the petitioners will succeed on the merits, or at least counsel against adopting OSHA’s broad reading of § 655(c) as a matter of statutory interpretation.
- The Mandate likely exceeds the federal government’s authority under the Commerce Clause because it regulates noneconomic inactivity that falls squarely within the States’ police power. A person’s choice to remain unvaccinated and forgo regular testing is noneconomic inactivity.
Summation of Key Terms Used by the Court
- "Fatally flawed"
- "One-size-fits-all sledgehammer"
- The "one-size-fits-all Mandate" is simultaneously overinclusive and "underinclusive"
- "Immense complexity"
- "It regulates noneconomic inactivity that falls squarely within the States’ police power"
- "True purpose is not to enhance workplace safety, but instead to ramp up vaccine uptake by any means necessary."
Brick Wall of Common Sense
The last bullet point above says it all: The "True purpose is not to enhance workplace safety, but instead to ramp up vaccine uptake by any means necessary."
The Appeals Court ruling was unanimous, and rightfully so.
Biden can appeal to the Supreme Court but the mandate is so obviously flawed I doubt the SC would even hear the case.
What the Hell is Going On?
The mandate was so fatally flawed one has to wonder what the hell Biden was thinking when he had OSHA issue the ruling.
Then when a lower court stuck it down, Biden could have walked away.
Instead, he made an inane appeal and got blasted out the the water in a stunning rebuke.
Are there no legal experts on Biden's team?
Given the public is overwhelmingly against the mandate, one might also ask, are there no opinion experts on Biden's team that understand his ratings dive in the polls?
Brick Head Meets Brick Wall
With that, the bricks in Biden's head just hit the brick wall of common sense by the 5th Circuit Court of Appeals.
If you think this will have an impact on Biden, you are probably wrong.
Who's Running the Biden Circus?
Note that Saule Omarova, Biden's Bank Regulatory Nominee, is an outright Marxist who Espouses Helicopter Money and Praises the Old USSR.
Ironically, Biden is not bright enough to continually make decisions this bad.
It takes effort beyond his capability to find someone like Saule Omarova.
This stuff increasingly smacks as an inside job.
So, who's running this circus?
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