A federal circuit court overturned another circuit court’s stay on the vaccine mandate. It has already been appealed to the Supreme Court.
Summary
Late Friday, a federal court allowed the Biden administration’s vaccine mandate on large businesses to be implemented.
- The rule, to be enforced by the Occupational Safety and Health Administration, requires businesses with at least 100 workers to mandate vaccines or weekly testing and masking for employees.
- The ruling by the 6th Circuit Court of Appeals overturned a previous stay on the mandate by the 5th Circuit, saying “it is difficult to imagine what more OSHA could do or rely on to justify its finding that workers face a grave danger in the workplace.”
- The late-night decision drew quick action as 27 business groups filed an appeal to the Supreme Court in an attempt to block the mandate again.
- CBS News highlighted the White House’s positive reaction to the ruling, saying they will “move forward” with the mandate given the “urgency needed in this moment”, referencing the more-transmissible but far less deadly omicron variant.
- CNN framed the ruling as part of a larger legal battle over vaccine mandates, noting the Supreme Court was already asked to weigh in on the Biden administration’s vaccine mandate for healthcare workers.
- The New York Times provided more context on OSHA’s alleged authority to issue the mandate, citing a 1970 law that allows the agency to implement so-called emergency temporary standard that bypasses the traditional rulemaking process because there is a “grave danger.”
- The Blaze focused nearly exclusively on the reaction to the decision by South Carolina Attorney General Alan Wilson, who said on Twitter he will appeal immediately to the Supreme Court, urging them to stop “federal abuse of power”.
- RedState’s reaction to the ruling was blunt, stating “an Obama judge and a George W. Bush judge voted for totalitarianism and superstition.”
- Daily Caller quoted the ruling which said “’the old normal’ is not going to return,” and “new models for a workplace” are required.
Author’s Take
The crux of the argument in the public sphere should be whether Congress’ passage of the 1970 law allowing OSHA to promulgate emergency temporary standards encompasses something as permanent as a vaccine mandate. It’s not hard to find video of President Biden saying the federal government does not have the authority to mandate vaccines. Yet, here we are. The fact that all it takes is a few months of government lawyers rooting around the United States Code to find the smallest bit of legalese to justify this action should be a major concern.
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© Dallas Gerber, 2021
