November 18, 2021
NEW ORLEANS — The U.S. Fifth Circuit Court of Appeals has spoken, and the Biden Administration is cooperating to avoid contempt of court charges.
The Occupational Safety and Health Administration (OSHA) was tasked with enforcing the Biden vaccine mandate, which is technically called “OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS).” The mandate went into effect on November 5 and was officially published as 86 Fed. Reg. 61402. But several states and private companies immediately challenged the Constitutionality of the mandate that same day.
We provided extended analysis of the Fifth Circuit decision this past Monday.
RELATED: Legal Update: Fifth Circuit Court of Appeals reaffirms stay on Biden vaccine mandate, calls it “fatally flawed” (November 15, 2021)
The Court issued an immediate injunction, enjoining enforcement of the Executive Order on November 6, pending a response from the Biden Administration. The preliminary injunction was reaffirmed last Friday. OSHA updated its website today, confirming that it has suspended all activities related to enforcement and implementation of the vaccine mandate as a result of the Fifth Circuit’s decision.
“On November 12, 2021, the U.S. Court of Appeals for the Fifth Circuit granted a motion to stay OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard, published on November 5, 2021 (86 Fed. Reg. 61402) (“ETS”).
The court ordered that OSHA “take no steps to implement or enforce” the ETS “until further court order.” While OSHA remains confident in its authority to protect workers in emergencies, OSHA has suspended activities related to the implementation and enforcement of the ETS pending future developments in the litigation.”
In normal times, this would be trending news. But mainstream media are silent, and big tech is censoring this major development in these dystopian times.
Real world impact
As we noted on Monday, the Fifth Circuit rendered the Biden mandate unenforceable in Louisiana, Mississippi and Texas. It’s now unenforceable nationwide. Thus any and all companies implementing mRNA and viral vector DNA mandates are doing so on their own volition. There are several more lawsuits still pending in other courts that also seek to enjoin the Biden Administration’s mandate. Ultimately all of said cases will be combined and decided by the U.S. Supreme Court.
Of course some states and cities (e.g. Oregon, Los Angeles) still have their own mandates and vaccine passport rules. But there is no federal mandate and do not allow your employer to tell you there is.
We’ll continue monitoring and reporting developments.
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