Manifestly, the 5th Circuit has had quite enough of Gropey Dopey's bullshit, and just shot it in the head. With a shotgun and slugs. Repeatedly.
"Quite the opposite, 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."
"(And of course, this all assumes that COVID-19 poses any significant danger to workers to begin with; for the more than seventy-eight percent of Americans aged 12 and older either fully or partially inoculated against it, the virus poses—the Administration assures us—little risk at all.)"
"...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."
"It is clear that a denial of the petitioners’ proposed stay would do them irreparable harm. For one, the Mandate threatens to substantially burden the liberty interests of reluctant individual recipients put to a choice between their job(s) and their jab(s). For the individual petitioners, the loss of constitutional freedoms “for even minimal periods of time unquestionably constitutes irreparable injury.”
"Any interest OSHA may claim in enforcing an unlawful (and likely unconstitutional) ETS is illegitimate."
"...occupational safety administrations do not make health policy. In seeking to do so here, OSHA runs afoul of the statute from which it draws its power and, likely, violates the constitutional structure that safeguards our collective liberty.
For these reasons, the petitioners’ motion for a stay pending review is GRANTED. Enforcement of the Occupational Safety and Health Administration’s “COVID-19 Vaccination and Testing; Emergency Case: 21-60845 Document: 00516091902" remains STAYED pending adequate judicial review of the petitioners’ underlying motions for a permanent injunction.
In addition, IT IS FURTHER ORDERED that OSHA take no steps to implement or enforce the Mandate until further court order."
Right, and tight. This ruling is a judicial masterclass in the court kicking the government, and its ham-fisted overreach, in the balls, repeatedly, with steel-toed boots, and finishing with a heel stomp to the throat.
The first plaintiff violated by any federal agency's refusal to abide by the Court is liable to be responsible for a federal appellate court finding the U.S. government in contempt.
It's a short step from there to FedGov either abiding by the ruling, or electing to receive incoming fire from any state wishing to enforce the law after FedGov's abdication of the same.
This is how actual coups and shooting wars start, kids. When the Xxx State Police are directed to apprehend and arrest all federal agents within their borders on sight, things begin to get fascinating.
And platitudes like "Don't Mess With Texas" take on a whole new meaning.
Stock up on popcorn.
Hehehe... Interesting indeed. I've got a friend that works in health care. Major hospital in east Texas. The jab is mandated for all employees by December 5th I think. Friend is gonna bail and take early retirement.
ReplyDeleteMy question is: the fifth circuit ruling is great but will it grant relief to health care workers or is that mandate gonna stick?
If it's a private employer, an employee could sue in federal court for civil rights violations, and probably gain immediate injunctive relief, and probably prevail handily in the end.
ReplyDeleteIt's good to see, but how many companies are going to proceed as if it's in place? My current employer (pharm bene manager) has a deadline of Jan 4 they'll start the 'exit' process for employees who haven't shown proof of vaccination. Well except for Texas or Florida employees (where's that disparate impact when you need it, eh?) who will just be 'strongly encouraged'. They're already working on contingency plans for the 40-50% of pharm techs and call center reps who haven't shown their papers and will need replacement.
ReplyDeleteWell ain't that neat. Fedgov got its pee-pee slapped finally.The very fact that one whole side of this argument is being ignored in favor of name calling is more than enough justification to resist.
ReplyDeletehttps://www.gocomics.com/ziggy/2021/01/05
ReplyDelete"Stock up on popcorn."
ReplyDeleteAnd boolits.
Damn. That Engelhardt dude writes well. I've spent much of my career dealing with obfuscated legal contract bafflegab, so that was a fantastic demonstration of a sharp intellect expressing himself with razor sharp clarity.
ReplyDeleteGood to see. Fuck Joe Biden, just like his daughter apparently did.
Well done. Now if we have some other circuits follow, er, suit, life is better.
ReplyDeleteOklahoma National Guard is *not* vaxxing. Governor relived the commanding general. Pentagon let out a statement talking about (from their perspective) "our" National Guard.
Oh, let the laughs begin . . .
Since the vaccines fail to stop transmission of this particular infection, vaccinated employees are just as much of a clear and present danger as those who choose to remain unvaccinated. Thus, without the OSHA mandate in force, any companies firing workers over refusal to submit to medical procedures should be sued for wrongful termination... Allowing these policies to stand without challenge opens the door to other company-mandated medical procedures, such as compulsory abortion, on grounds that medical leave for mothers cuts into their profit margin...
ReplyDeleteWhatever happened to HIPAA?
ReplyDelete