Biden’s vaccine mandate represents a dangerously expansive vision of federal power over public health.

The D.C. Circuit Court of Appeals agreed with OSHA that an ETS was "Not necessary" to "Protect working people from occupational exposure to infectious disease, including COVID-19." OSHA had asserted that a nationwide mandate "Would be superfluous at best and could be counterproductive to ongoing state, local, and private efforts." It reasoned that "[a]dequate safeguards for workers could differ substantially based on geographic location, as the pandemic has had dramatically different impacts on different parts of the country.

In contrast, the Fifth Circuit found that OSHA's new ETS is a "One-size-fits-all sledgehammer that makes hardly any attempt to account for differences in workplaces that have more than a little bearing on workers' varying degrees of susceptibility to the supposedly 'grave danger' the Mandate purports to address." The "Overinclusive" mandate applies to all industries, regardless of whether employees can easily keep apart or must work shoulder to shoulder, as in meatpacking.

The mandate applies equally to all workers, despite their varying degrees of susceptibility.

The Court observed that "a 28-year-old trucker spending the bulk of his workday in the solitude of his cab is simply less vulnerable to COVID-19 than a 62-year-old prison janitor." In addition, the mandate makes no exception for the millions of unvaccinated workers who have natural immunity after recovery from Covid-19, which the CDC acknowledges is highly protective.

A general mandate seems unnecessary to protect most workers, for whom Covid-19 is generally a mild disease.

At the same time, the Fifth Circuit noted, the new ETS mandate is "Underinclusive." It arbitrarily protects workers at businesses with 100 or more employees.

Covid-19 poses the same danger to workers at small firms as at larger ones.
 

https://www.city-journal.org/biden-vaccine-mandate-a-one-size-fits-all-sledgehammer?wallit_nosession=1