This evening, the fifth circuit court of appeals reaffirmed its stay of President Biden‘s vaccine mandate for private employers. In a published opinion, the court noted that the mandate likely violates the Constitution and the statute under which the mandate was issued. In its order, the court made it clear that OSHA is to take no further steps to enforce the mandate until a court has a chance to fully rule on the merit.
The fifth circuit order granted TPPF stay motions alleging that the private employer vaccine mandate is unconstitutional under both the non delegation doctrine and Commerce Clause.
“Earlier this year, President Biden acknowledged that he couldn’t force people to be vaccinated,” said TPPF’s General Counsel Rob Henneke. “Then he went ahead and tried to do it anyway. The Court saw through his deceit and pointed to numerous fatal statutory and constitutional problems with the mandate.”