U.S. Fifth Circuit Court of Appeals Issues Temporary Injunction Blocking OSHA Vaccination Mandate, Administration Must Respond by 5pm Monday November 8th
November 6, 2021 | Sundance | 282 Comments

https://theconservativetreehouse.com/blog/2021/11/06/u-s-fifth-circuit-court-of-appeals-issues-temporary-injunction-blocking-osha-vaccination-mandate-administration-must-respond-by-5pm-monday-november-8th/

A three judge panel in the U.S. Court of Appeals for the Fifth Circuit in Louisiana has temporarily blocked the Biden administration OSHA vaccination mandate [Court Ruling Available Here].

A group of states including Louisiana and Texas along with businesses, religious groups and organizations filed their petition on Friday with the court. The Biden administration must reply to the court by 5:00pm Monday thereafter the court will decide if a permanent injunction is warranted.

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New York Times – […] At the core of the legal challenge is the question of whether OSHA exceeded its authority in issuing the rule and whether such a mandate would need to be passed by Congress. […] The suit against the mandate stated that President Biden “set the legislative policy” of substantially increasing the number of Americans covered by vaccination requirements, and “then set binding rules enforced with the threat of large fines.”

“That is a quintessential legislative act — and one wholly unrelated to the purpose of OSHA itself, which is protecting workplace safety,” the suit said. “Nowhere in OSHA’s enabling legislation does Congress confer upon it the power to end pandemics.”

A separate lawsuit against the new rule was also filed on Friday in the Court of Appeals for the Eighth Circuit in St. Louis by 11 Republican-led states, among them Texas, Mississippi, South Carolina and Utah.

The Fifth Circuit panel said in a brief order, signed by a deputy clerk, that the judges were blocking the regulation “because the petitions give cause to believe there are grave statutory and constitutional issues with the mandate.” It said the rule was suspended “pending further action by this court.” (read more)

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A step in the right direction...

Ken Paxton Continues Taking Vaccine Fight to the Courts
Attorney General Ken Paxton leads a coalition of states and companies in filing suit against the Biden administration for “unconstitutional” vaccine mandates.

By Griffin White | November 5, 2021

https://texasscorecard.com/state/ken-paxton-continues-taking-vaccine-fight-to-the-courts/

During a press conference in early September, President Joe Biden announced his plan to forcibly vaccinate a massive portion of the American workforce. He signed executive orders that forced federal employees and contractors to be vaccinated. He then announced his plan to utilize the regulatory bureaucratic power of OSHA to require employers with a certain amount of employees to vaccinate their workers.

Last week, OSHA published its emergency temporary standard (ETS). It requires companies with more than 100 employees to mandate their workers get fully vaccinated or test negative for COVID every week. The deadline for compliance is January 4, but many companies such as Union Pacific, Lockheed Martin, and even Texas A&M have already complied to save their federal contracts valued in the billions.

In response to the ETS, Texas Attorney General Ken Paxton is spearheading a petition in the 5th Circuit Court of Appeals, flanked by numerous states and companies that reject the mandate. The petition claims that Biden’s mandate violates multiple statutory and constitutional principles.

“The Biden administration’s new vaccine mandate on private businesses is a breathtaking abuse of federal power,” said Attorney General Paxton.


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