Biden’s Moribund Vaccine Mandate: SCOTUS will concur with the 5th Circuit that this arbitrary edict is fatally flawed

The Biden administration will inevitably ask the Supreme Court to review last Friday’s decision by the 5th Circuit Court of Appeals to halt its vaccine mandate. The effort is likely to be futile, however. Writing for the appeals court, Judge Kurt Engelhardt confidently predicted that the mandate’s challengers “are likely to succeed on the merits” under judicial review. Engelhardt took particular exception to the attempt to impose the mandate through the Occupational Safety and Health Administration (OSHA), pointing out that the Constitution’s Commerce Clause and the nondelegation doctrine preclude OSHA from making such “sweeping pronouncements on matters of public health affecting every member of society in the profoundest of ways.”

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