Fifth Circuit Order on OSHA Vaccine Mandate: "Staggeringly Overbroad," "Raises Serious Constitutional Concerns"

The way this is written, it seems that it will be impossible for the OSHA workplace vaccine mandate to be held constitutional, at least by this court, nor will any similar mandate be held constitutional by this court.

They state that the activity being regulated -- the decision whether or not to be vaccinated -- is purely intrastate and noneconomic and therefore entirely outside of federal power and solely within state power.

Remember, last week's stay ordered the government to submit a briefing as to why the court should not continue the stay. The court has now considered their briefing, and rejected it.

This is not their final ruling on their merits but there is no question which way that final ruling will go.

We'll have to see if the squishes on the Supreme Court find their spines and uphold.

Will the Supreme Court find it's really a Tax?

Wait and wonder, my friends. Wait and wonder.

posted by Ace at 07:43 PM

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