TheFly

COR: “U.S. appeals court affirms hold on Biden COVID-19 vaccine mandate“
https://www.reuters.com/world/us/fed...te-2021-11-12/Nov 12 (Reuters) - A U.S. appeals court on Friday upheld its decision to put on hold an order by President Joe Biden for companies with 100 workers or more to require COVID-19 vaccines, rejecting a challenge by his administration.

A three-member panel of the 5th U.S. Circuit Court of Appeals in New Orleans affirmed its ruling despite the Biden administration's position that halting implementation of the vaccine mandate could lead to dozens or even hundreds of deaths. read more
"The mandate is staggeringly overbroad," the opinion said.

"The mandate is a one-size-fits-all sledgehammer that makes hardly any attempt to account for differences in workplaces (and workers)," Circuit Court Judge Kurt Engelhardt wrote for the panel.

Av8rPHX

Doesn’t apply for federal contractors/airlines though. The jabs continue


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Myfingershurt

That’s funny. Delta still hasn’t mandated a shot. Weekly testing is still adequate.

RI830

Vaccine mandate

Until the SCOTUS...says otherwise.

Excargodog

You may have TRIED to fix it but the fix didn’t take. It’s still deceptive.

This would be a better title:

flyprdu

Waiting on the Supreme Court to bail you out again? That's so November 2020.

SIUav8er

Yeah, the Executive branch has all the guns. Why should they listen to a bunch of old farts in Saturn robes. Its fascinating to watch this country descend into lawlessness.

flyprdu

All because they rule against you, doesn't mean it's lawlessness. Don't be such a baby.

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.

Drum

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.