5th Circuit ABSOLUTELY DESTROYS Brandon’s OSHA vaccine mandate in latest response 11-12-2021

below example is from page 13, but the text is filled with damning responses.

“We next consider the necessity of the Mandate. The Mandate is
staggeringly overbroad. Applying to 2 out of 3 private-sector employees in
America, in workplaces as diverse as the country itself, the Mandate fails to
consider what is perhaps the most salient fact of all: the ongoing threat of
COVID-19 is more dangerous to some employees than to other employees. All
else equal, a 28 year-old trucker spending the bulk of his workday in the
solitude of his cab is simply less vulnerable to COVID-19 than a 62 year-old
prison janitor. Likewise, a naturally immune unvaccinated worker is
presumably at less risk than an unvaccinated worker who has never had the

virus. The list goes on, but one constant remains—the Mandate fails almost
completely to address, or even respond to, much of this reality and common


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“The underinclusive
nature of the Mandate implies that the Mandate’s true purpose is not to
enhance workplace safety, but instead to ramp up vaccine uptake by any
means necessary”

” The Mandate is also underinclusive in the solutions it proposes. Indeed, even in
its fullest force, the Mandate cannot prevent vaccinated employees from spreading the
virus in the workplace, or prevent unvaccinated employees from spreading the virus in
between weekly tests. ”


h/t CharlieFoxtrot


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