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.”

— Steve Vladeck (@steve_vladeck) November 6, 2021

BREAKING: 5th Circuit temporarily blocks OSHA vaccine mandate.

“Because the petitions give cause to believe there are grave statutory and constitutional issues with the Mandate …”

— Shannon Bream (@ShannonBream) November 6, 2021