Boots & Sabers

The blogging will continue until morale improves...


Everything but tech support.

0717, 13 Nov 21

5th Circuit Slams Vaccine Mandate

It’s not freedom if you’re only allowed to do what the government tells you to do.

‘The mandate is staggeringly overbroad,’ the opinion said. ‘The mandate is a one-size-fits-all sledgehammer that makes hardly any attempt to account for differences in workplaces (and workers).’

‘The public interest is also served by maintaining our constitutional structure and maintaining the liberty of individuals to make intensely personal decisions according to their own convictions – even, or perhaps particularly, when those decisions frustrate government officials,’ Engelhardt wrote.

0717, 13 November 2021


  1. Kevin Scheunemann

    And leftists like Nord will scorn this correct decision.

  2. Mar

    This pretty assures that this case will end up in the Supreme Court
    I’m glad the Court said this a pretty stupid Idea and unconstitutional.

  3. MjM

    Fun Court Comments.

    After the President voiced his displeasure with the country’s vaccination rate in September, the Administration pored over the U.S. Code in search of authority, or a “work-around,”for imposing a national vaccine mandate. The vehicle it landed on was an OSHA ETS“

    Thus, courts have uniformly observed that OSHA’s authority to establish emergency temporary standards under § 655(c) “is an ‘extraordinary power’ that is to be ‘delicately exercised’ in only certain ‘limited situations.’” Id. at 370 (quoting Pub. Citizen, 702 F.2d at 1155).

    But the Mandate at issue here is anything but a “delicate[] exercise[]” of this “extraordinary power.” Quite the opposite, rather than a delicately handled scalpel, the Mandate is a one-size- fits-all sledgehammer that makes hardly any attempt to account for differences in workplaces (and workers) that have more than a little bearing on workers’ varying degrees of susceptibility to the supposedly “grave danger” the Mandate purports to address.


    Here, OSHA’s attempt to shoehorn an airborne virus that is both widely present in society (and thus not particular to any workplace) and non-life-threatening to a vast majority of employees into a neighboring phrase connoting toxicity and poisonousness is yet another transparent stretch.


    It is thus critical to note that the Mandate makes no serious attempt to explain why OSHA and the President himself were against vaccine mandates before they were for one here.


    At the same time, the Mandate is also underinclusive. The most vulnerable worker in America draws no protection from the Mandate if his company employs 99 workers or fewer. The reason why? Because, as even OSHA admits, companies of 100 or more employers will be better able to administer (and sustain) the Mandate. That may be true. But this kind of thinking belies the premise that any of this is truly an emergency. Indeed, underinclusiveness of this sort is often regarded as a telltale sign that the government’s interest in enacting a liberty-restraining pronouncement is not in fact “compelling.

    Whole thing:

  4. Mar

    And don’t get Ron Kailm retweet: From Fox News “In upholding a stay on President Biden’s workplace vaccine mandate Friday, a federal appeals court also ruled that White House chief of staff Ron Klain’s retweet of an MSNBC journalist’s Twitter post was an endorsement of her claim about a mandate “work-around,” according to a report. 
    On Sept. 9, Klain retweeted MSNBC anchor Stephanie Ruhle’s post that said, “OSHA doing this vaxx mandate as an emergency workplace safety rule is an ultimate work-around for the Federal govt to require vaccinations.” ”
    This was never about safety or an emergency. The bogus mandate is about power and tyranny.

Pin It on Pinterest