Ron DeSantis chides 6th Circuit for not taking up vaccine mandate case as full court
Image via AP.

DeSantis 7.12.21
A three-judge panel will review the case, which worries the Governor.

Gov. Ron DeSantis is calling attention to a potential threat current truckers could face if a federal vaccine mandate currently stayed temporarily goes into effect.

Speaking in Yulee Thursday spotlighting truck driving education, DeSantis said he was a “little bit surprised” and “disappointed” to see the U.S. Court of Appeals for the Sixth Circuit‘s 8-8 vote to refer the case to a three-judge panel.

With the composition of that three-judge panel in doubt, DeSantis warned Thursday the current stay on the Occupational Safety and Health Administration vaccine mandate could be lifted, at least for a time.

The rule would affect major companies after the beginning of the new year, compelling companies with at least 100 employees to require full vaccination or weekly testing for those deemed not fully vaccinated.

DeSantis said the OSHA mandate, were there not a stay, would have “upended a lot of things,” including trucking.

“You talk to the Trucking Association, like 30% of the truckers, you know, ain’t going to do this. And they’re not going to pay to be tested every week out of their own pocket. And so you would absolutely lose some of the truckers at a very important time were that to go into effect,” DeSantis said.

“I think ultimately it will go down,” DeSantis said about the vaccine requirement. “But the decision yesterday to not hear it from the full Sixth Circuit, I was a little bit surprised to see that.”

The unpredictability of the three-judge panel concerned DeSantis.

“You could have in the intervening, a three judge panel maybe reinstate it or maybe rule for it. Once it goes to the full 6th Circuit, you know, I’m very, very confident it will go down. But that could happen. We’ll see,” DeSantis said.

“They should have just taken it as a full court, decided it on an expedited basis. And then we could have just moved on,” DeSantis said. “But they chose not to do that. They deadlocked 8-8 on whether the full court should hear it initially.”

DeSantis then acknowledged the three-judge panel is a customary preliminary to full court review, a contention made in the 6th Circuit order.

“And I know that’s typically not their practice, and maybe some judges felt that way. But you know, there’s a lot that could potentially be riding on this and if they were to reverse the stay or reverse the injunction, boy.”

Florida, of course, has laws against employer vaccine mandates. But not every state has that protection, raising serious questions about interstate commerce for the Governor.

A.G. Gancarski

A.G. Gancarski has written for FloridaPolitics.com since 2014. He is based in Northeast Florida. He can be reached at [email protected] or on Twitter: @AGGancarski


15 comments

  • PeterH

    December 16, 2021 at 10:59 am

    Several vaccine mandate cases have been reviewed and enforced by SCOTUS. There is absolutely no reason for courts to keep litigating the same whining. Get vaccinated! ….. or don’t get vaccinated and stay home.

  • Alex

    December 16, 2021 at 6:44 pm

    Because DeDumbasses suit is BS.

    The SCOTUS just turned down a religious freedom challenge to New Yorks vaccine mandate – because the government has the power to protect the public health no matter how much far right trumpians lie about it to their angry white base.

    Period.

    • Ron Ogden

      December 17, 2021 at 6:39 am

      “. . .angry white base.”
      You’re a racist, Alex. Own it.

      • Dr. Bob

        December 17, 2021 at 8:27 am

        Don’t like the mesaage, reality as it is, so you attack the messenger? Most of us outgrew this tactic in the passage from 3rd to 4th grade.

      • Alex

        December 18, 2021 at 1:09 pm

        Pointing out racism makes me racist in your la la land where Trump won, illegals vote, the Deep State exists, Obama was born in Kenya, and Jesus was white.

        Got it.

        (and BTW – you need to look down the page to Jack MeHoff’s comment to see a perfect example of my point)

    • Shawn

      December 17, 2021 at 10:25 am

      If protecting religious liberty from unconscionable authoritarian government over reach is “far right” make the most of it.

      • Shawn

        December 17, 2021 at 10:32 am

        Clueless Alex should understand the difference between state mandates and federal mandates. Federal mandates are not doing so well in courts. State mandates are being mostly upheld. Of course, if Alex had an iq above 20, he wouldn’t be a liberal democrat.

    • Black Trump Voter

      December 17, 2021 at 9:39 pm

      You Dam fool, a large Percentage of Black Americans ain’t taking the VAX fool and they didn’t vote for Trump. I bet they wish now. Your Demonic President made me lose my job because of the unconstitonal Mandates. He’ll get his. karma on the way

  • Jack MeHoff

    December 16, 2021 at 6:58 pm

    Hey Alex, hopefully this final decision will be decided on the battlefield, where I will be quite happy to give you your booster straight up your anus. …..after I shank you in your liver and wipe the blood off on your pants

    • PeterH

      December 17, 2021 at 6:46 pm

      Jack….. your comment reflects the maturity of a fifth grad bully. You must be related to Trump?!?!

    • Alex

      December 18, 2021 at 12:48 pm

      “angry white base”

      Thank you for proving me right.

  • Concern Citizen

    December 17, 2021 at 9:33 am

    Why is DeSantis not doing something about Florida’s mandate for children to be vaccinated for attending schools?
    I want the FREEDOM to make this choice for my children,
    These are the vaccinations that are mandated in Florida:
    Children entering, attending, or transferring to Florida schools)
    Four or five doses of DTaP
    Four or five doses of IPV
    Two doses of MMR
    Three doses of Hep B
    One Tetanus-diphtheria-acellular pertussis (Tdap)
    Two doses of Varicella

  • tom palmer

    December 17, 2021 at 7:30 pm

    End all vaccinations. The ensuing plagues will change the political landscape. Goodbye Republicans.

    • Friend

      December 18, 2021 at 8:50 pm

      Yeah, you wish. I have never been vaccinated, I attended public schools and have done just fine. I also have not been vaccinated against covid and I was even infected with the virus in September with no symptoms so you can keep your vaccines, I personally do not need them. There are some people out there that do need the vaccines or even want them just as a precaution and that’s what they are there for, anyone who willingly wants to be vaccinated not forced.

  • Friend

    December 18, 2021 at 8:44 pm

    Because in Florida you have had the option for a very long time to get a religious exemption from those vaccines. You only had to go to the department of health and get an exemption form and your children were good to go.

Comments are closed.


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