Saturday, November 13, 2021

US 5th Circuit Upholds Vaccine Mandate Stay

 It seems that the US 5th Circuit has upheld stay against the OSHA vaccine mandate.

In part, from the ruling.

The Constitution vests a limited legislative power in Congress. For more than a century, Congress has routinely used this power to delegate policymaking specifics and technical details to executive agencies charged with effectuating policy principles Congress lays down. In the mine run of cases—a  transportation department regulating trucking on an interstate highway, or an aviation agency regulating an airplane lavatory—this is generally well and good. But health agencies do not make housing policy, and occupational safety administrations do not make health policy. Cf. Ala. Ass’n of Realtors, 141 S. Ct. at 2488–90. 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

Oh, Snap.  Biden's vaccine mandate is in bi trouble. 

Thanks, Termite.

1 comment:

BobF said...

Oh my. New Orleans politics/judicial (hard to tell the difference sometimes) renders something positive? Ahhhhh..federal court. :-)

And I say that having been raised mostly there.