Fifth circuit court of appeals new orleans louisiana
![fifth circuit court of appeals new orleans louisiana fifth circuit court of appeals new orleans louisiana](https://bloximages.newyork1.vip.townnews.com/nola.com/content/tncms/assets/v3/editorial/2/6a/26a951e2-58b9-5115-9d21-aaafb635d3ee/5f3aa854ae684.image.jpg)
Court of Appeals for the Sixth Circuit, in Cincinnati. In other words, a court less eager to shape the judicial response to the order would simply have waited patiently while this established process played out, as it did on Tuesday when the lottery assigned some three dozen cases to the U.S. This is standard federal court practice to deal with what’s known as multidistrict litigation. 12, a procedure was already underway to consolidate the many challenges to the OSHA rule that were piling up in courts around the country and to send them all to one federal appeals court to be chosen by lottery. By the time the Fifth Circuit ruled on Nov. Its legal analysis aside, the most startling aspect of the panel’s decision was that it was issued at all.
Although noting that the judicial norm is to accord “great deference” toward the agency’s fact-based policy judgments, Judge Engelhardt said that, to the contrary, “this is not a case where any amount of deference would make a bit of difference.” The panel concluded that OSHA had exceeded its statutory authority and probably its constitutional authority as well. Judge Engelhardt’s offhand observation that a virus that has killed some 765,000 Americans is, after all, “non-life-threatening to a vast majority of employees” is, to put it politely, a Fox News perspective on the pandemic that has no place in a judicial opinion reviewing the work of an expert agency. Now there are vaccines - highly effective ones that millions of misguided Americans refuse to get, allowing the coronavirus to keep circulating and mutating. One point that goes unmentioned is that there were no vaccines at the time the first emergency use authorization for one was not approved until Dec. It opens with the bizarre observation that the agency declared in June 2020 that an emergency order to protect people in the workplace from Covid-19 was “not necessary,” the suggestion being that OSHA had no business changing its mind. Judge Engelhardt’s 20-page attack on the Occupational Safety and Health Administration, the federal agency that issued the vaccine order, is an astonishing document. But her new colleagues are well on their way to outdoing her. The third, Edith Jones, a former chief judge of the circuit appointed by President Ronald Reagan in 1985, used to be considered the court’s most conservative member.
![fifth circuit court of appeals new orleans louisiana fifth circuit court of appeals new orleans louisiana](https://images.law.com/contrib/content/uploads/sites/292/2021/10/IMG_2109-767x633.jpg)
Two of the judges, Kurt Engelhardt and Kyle Duncan, are Trump appointees. The latest example came last week, when a three-judge Fifth Circuit panel issued a stay of the Biden administration’s requirement that companies employing 100 or more people require their work force to be vaccinated against Covid-19 or to submit to masking and weekly testing.
![fifth circuit court of appeals new orleans louisiana fifth circuit court of appeals new orleans louisiana](https://thumbnails.texastribune.org/IEqVeBAOvNPTHVPGan3ok_3D62U=/850x570/smart/filters:quality(75)/https://static.texastribune.org/media/images/2017/10/03/5th_Circuit_3_JM_TT.jpg)
Now, bolstered by six judges appointed by President Donald Trump, the 17-member court has turned radical. But it has been a conservative court for decades. It’s the United States Court of Appeals for the Fifth Circuit, and it’s out of control.īased in New Orleans, with jurisdiction that extends to Mississippi and Texas as well as Louisiana, the Fifth Circuit once covered nearly the entire Deep South and became known as the courageous, indispensable court of the civil rights era. No, not the Supreme Court - not yet, anyway. A rogue court is on the loose in the country.