5th Circuit Extends Stay of Vaccine Mandate

Advisory Opinions

The Dispatch

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🗓️ 16 November 2021

⏱️ 56 minutes

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Summary

On today’s podcast, David and Sarah dive into vaccine mandates, religious exemptions, and the Civil War. They analyze a recent court ruling blocking the Biden OSHA mandate, and then discuss what a “sincerely held religious belief” is in the eyes of the law. Finally, they conclude with a discussion of the Constitution, Abraham Lincoln, and whether he was an authoritarian who “broke” the Constitution before it was rebuilt by the Civil War amendments. Show Notes: -5th Circuit extends stay of OSHA vaccine mandate -Noah Feldman: “This Is the Story of How Lincoln Broke the U.S. Constitution” -New York Times review of Feldman’s “The Broken Constitution”

Transcript

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0:00.0	Welcome to the advisory opinions podcast. This is David French with Sarah Isker. And we're
0:08.9	going to cover some really interesting stuff today. Sarah's going to give an OSHA update.
0:14.2	I'm going to talk a little bit and we'll talk a little bit about religious exemptions
0:18.1	and the vaccine about something that I think a lot of people don't understand about religious
0:24.6	liberty law that I want to clear up based on a podcast conversation I had last week. And then
0:31.2	we're going to talk about this book and this argument from Noah Feldman that essentially that
0:38.9	the Constitution was broken and sort of objectively pro-slavery Lincoln sort of broke the
0:47.4	Constitution and the Civil War and then remade it and the Constitution was remade during the
0:54.0	Civil War and in the in the immediate post-Sivil War period with the Civil War amendments. And I have some
1:00.4	thoughts on this both positive and negative and I'm super eager to hear Sarah's thoughts.
1:07.2	But before we get to that, so this is going to be a little bit of history and a little bit of
1:12.8	discussion of the founding more than we get into in a normal podcast. So I'm excited about it. But
1:18.8	before we get going, Sarah, you've got OSHA updates, vaccine mandate updates.
1:24.8	Yes. So the last time we talked about this, the fifth circuit had issued a sort of preliminary
1:32.7	on the preliminary on the preliminary stay. And now we have like sort of the next set of that,
1:41.1	a slightly more permanent stay, though with every indication that they will continue issuing
1:47.9	stays all the way down as this goes. Now this is a consolidated fifth circuit case with a whole
1:55.3	bunch of folks who have all filed in the fifth circuit because it is seen as a friendly venue. So
2:01.2	first things first, let's talk about what the fifth circuit said. And then I want to expand out
2:06.4	to what's going to happen next because this thing may not stay in the fifth circuit as we have,
2:12.1	of course, discussed before. So this circuit panel, we have Judge Engelhart writing joined by both
2:22.0	judges Jones and Duncan. So this is a unanimous opinion by the three judge panel in the fifth circuit.
	...

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