Its a Constitutional Battle!! Second Win in Texas
Citing Texas’s “compelling argument[s],” the 5th Circuit has stayed OSHA’s unconstitutional and illegal private-business vaccine mandate. WE WON! Litigation will continue, but this is a massive victory for #Texas and for FREEDOM from Biden’s tyranny and lawlessness. AG Ken Paxton
The ruling:
“The Constitution vests a limited legislative power in Congress. For more than a century, Congress has routinely used this power to delegate policymaking specifics and technical details to executive agencies charged with effectuating policy principles Congress lays down.
In the mine run of cases—a transportation department regulating trucking on an interstate highway, or an aviation agency regulating an airplane lavatory—this is generally well and good. But health agencies do not make housing policy, and occupational safety administrations do not make health policy. Cf. Ala. Ass’n of Realtors, 141 S. Ct. at 2488–90.
In seeking to do so here, OSHA runs afoul of the statute from which it draws its power and, likely, violates the constitutional structure that safeguards our collective liberty.
For these reasons, the petitioners’ motion for a stay pending review is GRANTED. Enforcement of the Occupational Safety and Health Administration’s “COVID-19 Vaccination and Testing; Emergency Temporary Standard”22 remains STAYED pending adequate judicial review of the petitioners’ underlying motions for a permanent injunction.23
In addition, IT IS FURTHER ORDERED that OSHA take no steps to implement or enforce the Mandate until further court order. Read the full court ruling here.
Nov. 7….”Yesterday, I sued the Biden Admin over its unlawful OSHA vax mandate. WE WON. Just this morning, citing “grave statutory and constitutional issues,” the 5th Circuit stayed the mandate. The fight is not over and I will never stop resisting this Admin’s unconstitutional overreach!” AG Paxton
“First, as our lawsuit against Biden shows, he doesn’t have the legal authority to impose a vaccine mandate. Second, my ban on vaccine mandates applies to businesses not included in Biden’s Order. The TX AG enforces my Order.
“The Federal Court of Appeals just issued a temporary halt to Biden’s vaccine mandate. Emergency hearings will take place soon. We will have our day in court to strike down Biden’s unconstitutional abuse of authority.,” Gov Abbott.