5CA again declares that the Constitution enacted Mr. Tucker Carlson’s monologue transcripts
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This is the future (and distant past) of American jurisprudence:
A federal appeals court has kept its block in place against a federal mandate that all large employers require their workers to get vaccinated against the coronavirus or submit to weekly testing starting in January, declaring that the rule “grossly exceeds” the authority of the occupational safety agency that issued it.
In a 22-page ruling issued on Friday, a three-judge panel on the U.S. Court of Appeals for the Fifth Circuit, in New Orleans, held that a group of challengers to the mandate issued by the Biden administration was likely to succeed in its claim that it was an unlawful overreach, and barred the government from moving forward with it.
“From economic uncertainty to workplace strife, the mere specter of the mandate has contributed to untold economic upheaval in recent months,” Judge Kurt D. Engelhardt wrote.
He added: “Of course, the principles at stake when it comes to the mandate are not reducible to dollars and cents. 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.”
He was joined by Judges Edith H. Jones and Kyle Duncan. All three are Republican appointees.
The opinion also strongly implies — based on Roberts’s idiotic commerce clause/necessary and proper holding in Sebelius — that the mandate would be unconstitutional even if specifically authorized by Congress:
The upshot is the Fifth Circuit’s opinion is not just “OSHA exceeded its powers,” it’s also “don’t you dare try to impose a vaccine mandate via statute, Congress, because we will block it in a heartbeat.” It’s an advisory opinion cutting off future avenues for vaccine mandates.— Mark Joseph Stern (@mjs_DC) November 12, 2021
I am tempted to launch a lengthy thread explaining why the Commerce Clause analysis is egregiously wrong, but I’ll just drop this @AnthonyMKreis tweet and put my phone away. The Fifth Circuit may have the power to ruin this country but it’s not going to ruin my Friday night. https://t.co/5owJWOpzIz— Mark Joseph Stern (@mjs_DC) November 13, 2021
To deny the president critical powers he has clearly been given by Congress during a historic emergency and that Congress clearly has the power to give the president — to describe the holding that a deadly viral pandemic has no impact on interstate commerce is to refute it — based on a distended National Review blog post…not great! But this is a court completely unleashed, knowing that the Supreme Court isn’t going to do anything about it.