Fifth Circuit Stops Vaccine Mandate, for Now
The news is updating faster than we can keep up!
Not but a few days after the Occupational Safety and Health Administration (OSHA) posted its vaccine mandate is it halted by the Fifth Circuit Court of Appeals, at least for the time being.
Details
Opposition of the vaccine mandate comes from various organizations and groups, including seven states:
- Utah
- Louisiana
- Kansas
- Texas
- South Carolina
- Mississippi
- Florida
Different circuits hear appeals from different places. The Fifth Circuit hears from Texas, Louisiana, and Mississippi. Other states are having cases heard in other circuits as well.
The stay was filed on November 6th. The document reads:
“Because the petitions give cause to believe there are grave statutory
and constitutional issues with the Mandate, the Mandate is hereby STAYED
pending further action by this court.”
What this means, though, is that for the time being the January deadline of getting vaccinated or masking up and agreeing to tests every week is out of the picture, unless the case is heard by the Supreme Court and it sides with OSHA. It is highly likely that the Supreme Court will hear the case since it is directly related to a once-in-a-century pandemic, but which side it will lean is in the air.
How Truckers Are Affected
If you are an unvaccinated trucker who was planning to quit the industry or switch to a smaller company because of the mandate, you can breathe easier now knowing that it is shelved for the time being. It may come back by way of Supreme Court, but the odds are in the unvaccinated’s favor.
The fast action of the Fifth Circuit is a boon for the trucking industry. When a strangled supply chain is making commerce in the United States more difficult than usual, the trucking industry needs as many wheels turning as it can muster.
Conclusion
It is possible to believe COVID-19 is a threat to society while still being against government overreach. The last comparable case to this is back in 1983 when OSHA did an Emergency Temporary Standard regarding asbestos. It is an interesting read to compare the asbestos case to the COVID-19 case, balancing power of an obvious threat (asbestos) with the economic viability of minimizing exposure.
While we are not against any personal decisions regarding vaccination or remaining unvaccinated, we believe every person should do their due diligence for their health. The best method to reduce chances of serious symptoms arising from COVID-19 outside of a needle is the old-fashioned cure-all of proper diet and exercise. With trucking requiring sitting for hours at a time, taking the time to run is even more pertinent for drivers than the average American.
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