Opinion: The Fifth Circuit Court got the science wrong on OSHA’s vaccination mandate
In mid-November, a federal judicial panel assigned the Cincinnati-based United States Court of Appeals for the Sixth Circuit the immense task of overseeing legal challenges to the workplace vaccination mandate instituted by the federal Occupational Safety and Health Administration, now pending in 12 of the 13 circuits.
Before the Sixth Circuit was randomly chosen for this task, the New Orleans-based Fifth Circuit preemptively put a hold on the mandate, issuing an opinion that bitingly characterized OSHA’s emergency temporary standard as “staggeringly overbroad.”
