Appeals Court Deals Another Blow to Biden’s ‘Fatally Flawed’ Vax Mandate
New Orleans, LA — A federal appeals court has dealt another significant blow to President Biden’s COVID-19 vaccination mandate on private employers.
On Friday afternoon, the U.S. Court of Appeals for the Fifth Circuit upheld its emergency stay effectively blocking enforcement of the Occupational Safety and Health Administration’s (OSHA) 490-page emergency temporary standard (ETS).
The ETS forces employers — with 100 employees or more — to require employees to be fully vaccinated by January 4, 2022, or ensure all unvaccinated employees wear a facial covering and provide proof of a negative COVID-19 test each week.
In a 22-page opinion issued by the three-judge panel, the Court eviscerated the Biden Administration’s legal arguments for imposing what it called a “staggeringly overbroad” and “fatally flawed” mandate.
“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,” the opinion states.
Specifically, the Court pointed to the differences between the threat of infection a trucker faces versus other types of workers.
“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,” the Court said.
The Court also addressed the mandate’s failure to recognize that workers who have had and recovered from the virus, thus acquiring natural immunity, are at less risk of infection.
“Likewise, a naturally immune unvaccinated worker is presumably at less risk than an unvaccinated worker who has never had the virus. The list goes on, but one constant remains—the Mandate fails almost completely to address, or even respond to, much of this reality and common sense,” the judges wrote. “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.”
Further, the Court said the ETS “grossly exceeds OSHA’s statutory authority,” and those challenging the mandate will likely succeed for “a multitude of reasons.”
Moreover, the judges rebuked the Biden Administration for issuing the ETS and warned enactment could lead to “virtually unlimited power to control individual conduct under the guise of a workplace regulation.”
The Court ordered OSHA take no steps to implement or enforce the mandate until further notice.
TransportationNation.com will continue to follow the case closely.