Here’s Why OSHA Has No Legal Power to Enforce a Vaccine Mandate

On November 12, 2021, the U.S. Court of Appeals for the Fifth Circuit stayed the effect of the OSHA mandate pending a final ruling on its validity. But all of the appeals have been consolidated in a different appellate court, the U.S. Court of Appeals for the Sixth Circuit. OSHA later announced that it has “suspended activities related to the implementation and enforcement of the ETS pending future developments in the litigation.” . . .

Yet one thing is perfectly clear: OSHA lacks the legal authority to force a COVID-19 vaccine on Americans who do not want it. Small wonder that more than half the states are suing to stop the Biden administration’s vaccine mandate. . .

First, federal agencies have only the authority that Congress has granted them by statute. Agencies cannot vest themselves with additional power by issuing rules.

Second, agencies cannot undertake unauthorized action even in an emergency. As the Supreme Court explained last summer, “our system does not permit agencies to act unlawfully even in pursuit of desirable ends,” which includes “combatting the spread of the COVID-19 Delta variant.”

Third, vaccinations are materially different from personal protective equipment (PPE), like goggles, gloves, or masks. PPE offers a protective external shield to fend off harmful substances, preventing them from piercing the human skin, a shell that can be shed at the end of the workday. By contrast, vaccinations are not something we wear, they are something that is injected into our bodies to spur the immune system to generate antibody responses to pathogens. T-cells cannot be tossed into the trash at 5 p.m. (Read more from “Here’s Why OSHA Has No Legal Power to Enforce a Vaccine Mandate” HERE)

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