5th circuit "stays" enforcement of Biden's vaccine or test mandate for employers

[Takket]

WASHINGTON, Nov 6 (Reuters) - A U.S. federal appeals court issued a stay Saturday freezing the Biden administration's efforts to require workers at U.S. companies with at least 100 employees be vaccinated against COVID-19 or be tested weekly, citing "grave statutory and constitutional" issues with the rule.

The ruling from the United States Court of Appeals for the Fifth Circuit comes after numerous Republican-led states filed legal challenges against the new rule, which is set to take effect on Jan 4.

In a statement, Solicitor of Labor Seema Nanda said the Labor Department was "confident in its legal authority" to issue the rule, which will be enforced by the Occupational Safety and Health Administration (OSHA).

"The Occupational Safety and Health Act explicitly gives OSHA the authority to act quickly in an emergency where the agency finds that workers are subjected to a grave danger and a new standard is necessary to protect them," she said. "We are fully prepared to defend this standard in court.”

https://www.reuters.com/world/us/us-federal-appeals-court-issues-stay-bidens-vaccine-rule-us-companies-2021-11-06/

I don't know what "constitutional" issues there could be. The right wants to call this a "vaccine mandate" but it is not. Those that do not want to be vaccinated have the option of being tested weekly, so no one is being held down and forced to take a vaccine they do not want.

[RKP5637]

1. Apparently some just want the right to die from COVID-19 and possibly take others with them.

I wonder what other vaccines they have avoided and are walking disease repositories!

[dchill]

2. It's that whole "take others with them" thing that is...

... definitely not a Constitutional right.

[RKP5637]

6. Exactly!!!!!!!!!!!!!!!! n/t

[Dustlawyer]

3. Not a fan of the 5th Circuit.

When it is an individual vs. a corporation they rule in favor of the corporation almost 95% of the time.

[underpants]

4. Texas Louisiana Mississippi

[11 Bravo]

7. There's a reason wingnuts refer to it as the "Friendly Fifth".

[Historic NY]

8. SCOTUS has already ruled in the affirmative on a vaccine mandate.,

[onenote]

9. Not on this one.

It has never, to my knowledge, ruled that the federal government has the constitutional or statutory authority to impose a vaccination mandate.

[madville]

12. Correct, they ruled that individual states have the authority

Nothing about the Federal government having something equivalent.

[triron]

10. These judges are guilty of murder.

[LetMyPeopleVote]

11. From Prof. Tribe

Link to tweet