Federal Appeals Court Again Rules Against Biden’s Private Employer Vaccine Mandate

Joe Biden’s vaccine mandate for private American companies that employ 100 or more workers has been set back again by the U.S. Court of Appeals for the 5th Circuit. The Occupational Safety and Health Administration (OSHA) proposed Biden’s rule as a “temporary emergency” measure. The rule states that employers face a January 4 deadline for providing proof of vaccinations or weekly negative tests for COVID-19.

The new ruling from the federal appeals court states that the mandate does not operate as a “delicately handled scalpel” but rather as a “one-size-fits-all sledgehammer” that makes no distinction between different types of workplaces or workers concerning the “supposedly grave danger” of being unvaccinated.

The court’s opinion states that the “entire globe has now endured the purported “emergency” that led to Biden’s mandate for nearly two years.” It added that OSHA had spent almost two months even developing the rule under what was described as “emergency” conditions. Even after that, the rule is not designed to become effective for another two months after the holiday season.

The opinion also stated that the rule “grossly exceeds OSHA’s statutory authority.” The ruling provided that the “Emergency Temporary Standard” proposed by OSHA remains pending further judicial rulings on the motion to enjoin the rule permanently.

The court’s order followed the initial ruling last weekend that first paused enforcement of the rule. The court gave both sides of the additional dispute time at the beginning of last week to file supplemental papers with the court regarding the decision on a continuing restraining order on the federal government.

Although it is unknown precisely how many persons would be adversely affected by the OSHA rule, many Americans have been vaccinated, and many more have obtained some level of natural immunity through prior infection. Others have chosen not to receive the vaccine for medical, religious, or personal reasons.