Joe Biden’s vaccine mandate is playing out like we thought it would, which is to say, being challenged and going toward the grave in federal court. Ultimately, the Supreme Court will kill it like the eviction moratorium although who know how long that will take again.
“This evening, the Fifth Circuit reaffirmed its stay of President Biden’s illegal federal vaccine mandate. Setting the order in context, the court recorded that
“in its fifty-year history, OSHA has issued just ten ETSs. Six were challenged in court; only one survived.”
This one was not among them. Having considered whether “the petitioners’ challenges to the Mandate are likely to succeed on the merits,” the court decided that, “for a multitude of reasons, they are.” …
Summing up, the court savaged the move in every possible way. “The Mandate,” it wrote, “likely exceeds the federal government’s authority under the Commerce Clause because it regulates noneconomic inactivity that falls squarely within the States’ police power,” because “a person’s choice to remain unvaccinated and forgo regular testing is noneconomic inactivity.” “To mandate that a person receive a vaccine or undergo testing,” it added, “falls squarely within the States’ police power.” In addition, “concerns over separation of powers principles cast doubt over the Mandate’s assertion of virtually unlimited power to control individual conduct under the guise of a workplace regulation.”
Oh, and the whole thing relies upon “authority from an old statute employed in a novel manner, imposes nearly $3 billion in compliance costs, involves broad medical considerations that lie outside of OSHA’s core competencies, and purports to definitively resolve one of today’s most hotly debated political issues.” …”
The damage has already been done in lots of places.
“WASHINGTON — A federal appeals court has kept its block in place against a federal mandate that all large employers require their workers to get vaccinated against the coronavirus or submit to weekly testing starting in January, declaring that the rule “grossly exceeds” the authority of the occupational safety agency that issued it.
In a 22-page ruling issued on Friday, a three-judge panel on the U.S. Court of Appeals for the Fifth Circuit, in New Orleans, held that a group of challengers to the mandate issued by the Biden administration was likely to succeed in its claim that it was an unlawful overreach, and barred the government from moving forward with it.
“From economic uncertainty to workplace strife, the mere specter of the mandate has contributed to untold economic upheaval in recent months,” Judge Kurt D. Engelhardt wrote.
He added: “Of course, the principles at stake when it comes to the mandate are not reducible to dollars and cents. The public interest is also served by maintaining our constitutional structure and maintaining the liberty of individuals to make intensely personal decisions according to their own convictions — even, or perhaps particularly, when those decisions frustrate government officials.” …”
This is the key paragraph.
“Some large employers have already decided on their own to impose vaccine mandates on their workforces, including 3M, Procter & Gamble, IBM, Tyson Foods and the airlines American, Alaska, JetBlue and United. Most workers have complied, though a small number have quit. …”
The federal OSHA vaccine mandate will go nowhere, but what will stop these tyrannical corporations from imposing their own mandates? It is the same situation with Big Tech. The Democratic Party is unable to wield government power to censor speech, but it just outsources speech policing to Silicon Valley. The final result is that millions of people are abused by the Democrats through raw corporate power.