November 13, 2021
The 5th Circuit's brilliant opinion staying OSHA's vaccine mandate
By Andrea Widburg
Despite (or perhaps because of) a long career spent reading judicial decisions, I really hate reading cases. A stellar exception arose on Friday, when the Fifth Circuit issued its decision in BST Holdings, L.L.C. et al. v. OSHA, reaffirming the initial stay it granted when multiple entities and individuals challenged OSHA's recently issued vaccine mandate. In one brutal paragraph after another, the Court rips apart the mandate, citing law, facts, OSHA precedent, and even a Ron Klain tweet. It's a tour de force that makes it unlikely that any halfway honest court can or would resuscitate the mandate or that either OSHA or even Congress could try again.
There are a few dates you should know: in June 2020, when fear about COVID was at a peak, OSHA "reasonably determined" that an emergency temporary standard (ETS) was unnecessary. Over a year later, on September 9, 2021, Biden announced that he was going to impose a national vaccine mandate. That same day, Ron Klain retweeted a Stephanie Ruhle tweet stating that the vaccine "is the ultimate work-around for the Federal govt to require vaccinations." Finally, almost two months later, on November 5, OSHA finally got around to promulgating the ETS.
more
https://www.americanthinker.com/blog/2021/11/the_5th_circuits_brilliant_opinion_staying_oshas_vaccine_mandate.html
