Tuesday, November 09, 2021

5th Circuit Stays Vaccine Mandate

 The US Court of Appeals for the 5th Circuit has stayed the OSHA regulation requiring employers with 100 or mre employees to require that those employees either be vaccinated or tested weekly.

A number of suits have been filed in several US Circuits and these will work their way through the legal system.  

Jacob Sullum, at Reason magazine looks at the legal arguments put forth by the plaintiffs in this particular suit.  I tend to take a simplistic, textual view of the Constitution, but I realize that some folks are more nuanced, and that precedent plays a big part of he legal system in the US.  I am not an attorney, although I do have a working knowledge of the English language.

However, I do like the language in the 5th Circuits order.

Because the petitions give cause to believe there are grave statutory and constitutional issues with the Mandate, the Mandate is hereby STAYED pending further action by this court.

Grave statutory and constitutional issues. That seems rather straight-forward.

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