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Recently the United States Federal Court for the 5 th Circuit held that the federal agency, Occupational Safety and Health Association (OSHA), cannot lawfully mandate vaccines on American businesses while a trial concerning the matter is pending. The majority opinion establishes that this mandate is “staggeringly overbroad” and the “loss of constitutional freedoms ‘for even minimal periods of time…unquestionably constitutes irreparable injury.’”
What The Court’s Opinion Means for The Rest of America?
During the Trump Administration, the Senate confirmed federal judges for the 5 th Circuit making that circuit one of the most “conservative” courts in the federal court system. The 5 th Circuit was the perfect court, from a constitutional perspective, to hear this issue. Other circuits, namely the 9 th Circuit, would likely find, under the same conditions, a completely different result.
The federal court system is divided into twelve circuits that divide the States into twelve legal districts. Each federal district court holds a binding authority in federal issues over the lower federal courts of that district. Under normal circumstances, the 5 th Circuit opinion would put a halt to OSHA enforcing the mandate in every district, so as to act in the abundance of caution; but, we are not operating under normal circumstances. Since this presidential administration is already refusing to comply with court orders it doesn’t agree with, there should be no surprise when they treat this order with the same contempt. Additionally, the main objective of this administration has not been to uphold the Constitution, but to force this vaccine on as many people as they can convince or bully into taking before the Supreme Court legal hammer falls. Because the 5 th Circuit opinion is only legally binding in the 5 th Circuit courts, OSHA could legally continue to enforce the mandate within the States located in the other districts.
The Supreme Court Will Have to Settle The Issue
Now that the 6 th Circuit Court of Appeals has been assigned the task of resolving the other suits against OSHA, the Supreme Court will ultimately be tasked with settling any disputes or hearing any appeals. The OSHA […]
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