On November 12, 2021, the U.S. 5th Circuit Court of Appeals in New Orleans has ruled against the Joe Biden OSHA vaccine mandate calling it “staggeringly overboard.” [The 22-page ruling and opinion is AVAILABLE HERE]. The three judge panel upheld its previous decision to put a stay on the order by Joe Biden against companies with 100 workers or more. The Biden administration had instructed the Department of Labor to require COVID-19 vaccines. The Biden administration’s effort to use an Emergency Temporary Standard OHSA rule was rejected by the court citing numerous flaws in their review and ruling: “The mandate is a one-size-fits-all sledgehammer that makes hardly any attempt to account for differences in workplaces (and workers),” Circuit Court Judge Kurt Engelhardt wrote for the panel.
Since teachers and administrators are government employees who obviously work in districts with well over 100 employees, the implications on education are obvious.