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The Tom Woods Show

Ep. 2006 Why the Fifth Circuit Slammed the Vaccine Mandate

The Tom Woods Show

Tom Woods

Politics, Economics, Libertarian, Government, News

4.83.3K Ratings

🗓️ 16 November 2021

⏱️ 25 minutes

🧾️ Download transcript

Summary

The Fifth Circuit recently affirmed its stay of the Biden vaccine mandate. I review the text of its decision and discuss the highlights.

Transcript

Click on a timestamp to play from that location

0:00.0

The Tom Wood Show, episode 2006, prepared a set fire to the index card of allowable opinion.

0:07.6

Your daily dose of liberty education starts here. The Tom Wood Show.

0:14.1

Hey everybody, today I thought I would take some time to go through the decision

0:18.4

of the fifth circuit to affirm the stay of the Biden vaccine mandates. I'm sure I'm not alone

0:25.2

in thinking that the vaccine mandate is the most important issue in the United States right now.

0:30.5

So I wanted to see what the reasoning was behind the court's decision. So I want to run through this.

0:36.0

I'm going to post the whole document if you'd like to read it yourself at Tomwoods.com slash 2006.

0:42.7

On November 6th, the court issued a stay. They said that they would stay the mandate, which is to say they

0:49.8

would in effect stop its implementation pending briefing and expedited judicial review.

0:56.3

And now they say in this document of November 12th, having conducted that expedited review,

1:02.6

we reaffirm our initial stay. Of course, I think most people know the terms of the mandate,

1:08.4

which is that companies with 100 or more employees would have to have all their employees vaccinated

1:15.2

or undergo weekly testing and wear masks. And it's not clear exactly where the cost of the testing

1:23.0

would fall, but presumably the worker is going to have to bear that on some level anyway.

1:28.8

The court points out that the petitioners in the case have standing. So it can proceed. That is

1:35.2

to say that the matter at hand affects them directly. And so they the court explains their

1:41.5

standing to sue is obvious. The mandate imposes a financial burden upon them by deputizing their

1:47.8

participation in OSHA's regulatory scheme. Because remember, the mandate is being carried through via

1:55.7

the occupational safety and health administration. They're claiming that this body deals with

2:03.0

health matters in the workplace. And so this is how we're going to enforce this. So anyway,

2:09.2

so it does that. It exposes them to severe financial risk if they refuse or fail to comply

2:15.4

and threatens to decimate their workforces and business prospects by forcing unwilling employees

...

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