Florida Gov. Ron DeSantis (R) recently discussed the U.S. Court of Appeals for the 6th Circuit’s decision to defer the OHSA vaccine mandate to a three-judge panel. Last week, the 6th Circuit reinstated the OSHA mandate.
“Well, first of all, on the OSHA mandate, I thought it was a terrible decision,” DeSantis said. “This is just a three-judge panel. I thought the whole Circuit in the 6th would have certainly struck this down. I do think we’re going to get positive relief from the U.S. Supreme Court on that.”
DeSantis said the panel taking up the legal challenge could reinstate a block on the vaccine mandate.
“I was surprised at that. You could end up with what I consider an adverse ruling on the panel,” DeSantis said. “And then it maybe goes to the full court, and then the rule is ruled to be unconstitutional. But I’m confident of the ultimate result. How you get there is a little bit of a curveball.”
The 6th Circuit made the decision on a 2-1 vote, with Judge John Larsen writing the dissenting opinion saying OSHA exceeded its authority.
“The virus that causes COVID-19 is not, of course, uniquely a workplace condition,” Larsen wrote. “Its potency lies in the fact that it exists everywhere an infected person may be — home, school, or grocery store, to name a few. So how can OSHA regulate an employee’s exposure to it?”
The legal challengers to the mandate called upon the Supreme Court of the United States to block the policy, again.
DeSantis hinted that it would need to be permanently struck down at the level of the high court and was hoping for that decision.
“We absolutely need to win that case at the Supreme Court,” DeSantis added.
DeSantis also mentioned the effort he and the Florida Legislature took to provide legal alternatives to vaccines for Florida’s workers and allow for parents to sue school boards over mask mandates.
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Grant Holcomb is a reporter at The Florida Capital Star and The Star News Network. Follow Grant on Twitter and direct message tips.
Photo “Ron DeSantis” by Gage Skidmore. CC BY-SA 2.0. Background Photo “Vaccination” by Braňo.
