If one is an arch-conservative and has a federal issue that one wants to be stopped for good, or at least get an injunction, it is well-known that one need only go somewhere in the 5th Circuit, which covers Mississippi, Louisiana, and Texas. We suspect the reason is self-explanatory.

Today, the 5th Circuit “stayed” (enjoined, stopped) the Biden OSHA vaccine mandate. We believe the order at issue is the one that was announced Thursday morning (though that is fast for an appellate court):

It is hard to know because the actual 5th Circuit opinion is three to four paragraphs, the actual OSHA rule is cited in a footnote (!) and it gives the government two days to respond. In other words, the order – for now, appears meant to at least be reviewed again Monday. Given this ruling, one shouldn’t get their hopes up for a reversal.

The OSHA rules announced Thursday apply to companies with over 100 employees:

Deadline is Jan. 4: The first rule, issued by the Occupational Safety and Health Administration (OSHA), covers companies with 100 or more employees and applies to an estimated 84 million workers. Companies must ensure either that their workers are fully vaccinated against COVID-19 by Jan. 4 or that they test negative for the coronavirus at least once a week.

Workers must get paid time off to get vaccinated: Under the OSHA rule, employers must pay workers for the time it takes to get vaccinated and provide sick leave for workers to recover from any side effects.

Employers don’t need to pay for testing: In a move that appears designed to push workers to choose vaccinations over testing, the rule does not require employers to pay for or provide testing to workers who decline the vaccine. However, collective bargaining agreements or other circumstances may dictate otherwise.

The Fifth Circuit has stayed enforcement of the Biden administration’s private-employer vaccine mandate — not because it actually applied the right test for such emergency relief, but simply by asserting that the mandate raises “grave statutory and constitutional issues.” pic.twitter.com/NGSknZ5CRH

— Steve Vladeck (@steve_vladeck) November 6, 2021

We assume that the 5th Circuit (a 2-1 ruling by 2 Trump-appointed judges) now has grave concerns about schools requiring vaccinations, we don’t know their legal position on dogs.

And, as you can imagine, Twitter exploded:

Tens of thousands of additional people will die unnecessarily this winter, because of the 5th Circuit’s decision.

— Tristan Snell (@TristanSnell) November 6, 2021

The 5th Circuit that saw *no* constitutional issues worthy of a TRO stopping use of vigilantes blocking a constitutional right on TX abortion law sees constitutional issues worth imposing a TRO to block even just testing people to protect others from dying. Not political at all. https://t.co/z2Ae0YwaVV

— Kurt Eichenwald (@kurteichenwald) November 6, 2021

There goes the freaking, corrupt 5th circuit again…on a Saturday as well!! Grave statutory concerns?? WTF! How about grave health concerns you morons! https://t.co/E2uvvw2LQr

— Steven Brown 🇺🇸🦅 (@BluePhoenix167) November 6, 2021

https://twitter.com/BrandyFromTX/status/1457056596761141254

Vaccine Mandate💉 – 5th Circuit puts it on hold, which is shameful but not surprising. I'd like to think businesses would be responsible and require employees to be vaccinated without any mandate. Nobody is ever working for my company without full vaccinations and a mask! 😷

— Gary Wright II (@garywright2) November 6, 2021

The 5th Circuit covers Texas, Louisiana, and Mississippi, where officials seem to be cheering for Covid to win.

— Tristan Snell (@TristanSnell) November 6, 2021

And to perfectly sum it up:

The 5th Circuit is the fucking worst.

— Miranda Yaver, PhD (@mirandayaver) November 6, 2021

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