Originally Posted by
DeltaboundRedux
Best take I've read on the vaccine mandates:
Companies unquestionably have the legal right to mandate vaccines as a condition of employment.
The Federal government, using OSHA has a proxy, probably does not.
It's the second one that's going to be winding its way through the federal court system.
True. As a condition of employment, not for those in employ already. However, my guess is that gets tested too.
You need to read Judge Engelhardt's opinion. There is a test of reasonableness at play here with corporations. For example, they mandate you must take a shot of bleach to cure "X". I'm being absurd to illustrate the absurdity of this whole mandate thing.
Judge Engelhardt is laying the foundation for the reasonableness test that eventually WILL wind up in front of the SCOTUS. Private companies have some leeway in what they can do to potential job seeking candidates, as wells as those in current employ but they are also bound to reasonableness. Judge is saying here that not only is the OSHA vector "staggeringly overbroad", so is the mandating of a medical procedure from private corporations.
The administration didn't do its homework on these mandates. Definitely jumping the shark many times over.
This will be great law drama for months to come.