5th Circuit Denies Biden's Motion to Lift Stay of Vaccine Mandate for Private Businesses

 



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.”

Why? Well, for a start, the court affirms that the Act that created OSHA

was not—and likely could not be, under the Commerce Clause and nondelegation doctrine—intended to authorize a workplace safety administration in the deep recesses of the federal bureaucracy to make sweeping pronouncements on matters of public health affecting every member of society in the profoundest of ways

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.”

The case is Cause No. 21-60845; BST Holdings v. OSHA; In the United States Court of Appeals for the Fifth Circuit.

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